Filing an Answer can be the most difficult part of responding to a Summons for debt collection. California courts require defendant debtors who don't have an attorney to file the Answer by mail or in person. So, here's what you need to do:
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Sometimes a late-filed answer can be better than nothing at all, and it may keep the debt collector from getting a default judgment against you. Thanks! This article discusses answering a summons for debt collection in the US. If you live in another country, the process may be different.
Gather any documents you have related to the debt. If you recognize the information in the complaint, search your records for any documents that are related to the original debt or any collection attempts. These records will help you decide how you want to respond to the lawsuit.
Rather, you must file a written answer with the court by the deadline stated on the summons. Generally, if you receive a summons you should contact an attorney. However, you can also answer a summons without an attorney. Most courts have templates you can use to make sure you don't leave anything out. [1]
Deny the rest of the statements, even if you recognize the debt and can verify all of the information in your own records. Denying the statements forces the debt collector to prove the allegations with factual evidence. If they don't have evidence to back up those claims, they may lose the lawsuit against you.
Here are three steps to responding to a Summons and Complaint:Answer each claim listed in the complaint.Assert your affirmative defenses.File the Answer with the court and serve the plaintiff.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.
Writing Your Response For each point that you admit or deny, include a brief reason why. An example would be if the plaintiff alleged you never paid back a loan you've already repaid. You can include any affirmative defense at the end of these responses, such as the statute of limitations nullifying the complaint.
You should respond in one of three ways:Admit. Admit the paragraph if you agree with everything in the paragraph.Deny. Deny the paragraph if you want to make the debt collector prove that it is true.Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof.
Here are three steps to responding to a Summons and Complaint:Answer each claim listed in the complaint.Assert your affirmative defenses.File the Answer with the court and serve the plaintiff.
Your Answer will go into the court's file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.
Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.
When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
If the server is trying to serve the papers at the other party's work, then the papers can be left with someone at the office that appears to be in charge and is at least 18 years old. The server must tell the person that he or she hands the papers to that they are legal documents for the other party.
If you ignore the lawsuit, a court will likely enter a default judgment that empowers the debt collector to garnish your wages. This is why you need to be proactive and respond to the debt collector and/or debt collection lawsuit.
A debt collection lawsuit can potentially be resolved with debt settlement. You can do this on your own or hire a debt settlement attorney to help. You can make a payment plan with the creditor to pay off the sum of the debt or partially pay the sum in a lump-sum settlement.
Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.
Deadline to Answer. After being served with a debt collection lawsuit summons in California, you have 30 days to file an answer. However, if the documents were served on someone else in your household, or they were sent to you in the mail, you have 40 days to file an answer.
Otherwise, the court will enter a default judgment in favor of the debt collector. In other words, if you don’t respond, you’ll automatically lose your case.
You were a co-signer on the debt but weren’t informed of your rights as a co-signer. Although these are some of the most common affirmative defenses, a debt collection lawsuit defense attorney will be able to help you choose the most appropriate affirmative defenses for your case.
The name and address of the person you need to send your answer to will be listed on your summons. It will either be the person who sued you or their attorney. If the plaintiff hired an attorney, make sure the documents go to them and not to the plaintiff directly.
If you receive a summons and complaint, this typically means that you are being sued by someone. If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint.
Identify the court where the lawsuit was filed. The name and location of the court where the lawsuit was filed are listed on the summons. Find out where the court is. If it's far away from you, go to the website for your state's courts and see if there's a closer court where the plaintiff could have sued you.
Pay the filing fees if necessary. Typically, you don't have to pay any filing fees simply to answer a complaint. However, if you have a counterclaim against the person who is suing you, there may be fees involved. The court clerk will tell you how much the fees are and what method of payment is accepted.
An attorney would draft an answer from scratch. If you're not going to hire an attorney, however, many courts have forms or templates that you can use for your answer. There may even have been one included with your summons and complaint. Check the website of your state's courts to see if there are forms available.
However, sometimes they don't. Call the clerk's office to verify that the case is no longer on the docket. If the attorney has failed to withdraw the lawsuit, call the attorney's office.
Each state has a statute of limitations, ranging from 3 to 10 years, that governs how long a debt collector has to sue on a debt after the last payment. You don't have a business relationship with the plaintiff.
Even if you've missed the deadline to file your answer, go ahead and file it anyway. Sometimes a late-filed answer can be better than nothing at all, and it may keep the debt collector from getting a default judgment against you.#N#Thanks!#N#Helpful 0 Not Helpful 0
If there isn't enough to make a reasonable payment, look at where you can possibly cut expenses to help you pay back the debt. A reasonable payment depends on the amount you owe and how long you've owed it. For example, if you only owe $500, the debt collector may be willing to accept $100 a month.
You typically don't have to pay a filing fee to file an answer, but in some courts you do. If there's a filing fee, it's usually no more than $20 or $30. If you have a low income or are receiving government benefits, you may be able to get the fees waived.
If you ignore the summons, the creditor will get a default judgment against you, even though it's possible that you don't owe the debt, or that the company suing you doesn't have the right to collect it. Instead, draft an answer defending yourself and forcing the company to prove that you owe the debt.
It's highly unlikely that the debt collector will accept your low-ball offer. Likewise, you shouldn't accept the debt collector's initial offer either — it's certainly not the best they can do. If you feel comfortable, you might want to throw in a sob story in an attempt to gain some sympathy.
If you get a summons notifying you that a debt collector is su ing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.
Protecting Consumers. Debt Collectors. If you receive a notice from a debt collector, it's important to respond as soon as possible —even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
Otherwise, the debt collector must contact your employer in writing. If the collector receives no response to its written contact within 15 days, it may then call or otherwise contact your employer.
Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.
You may ask a debt collector to contact you only by mail, or through your attorney, or set other limitations. Make sure you send your request in writing, send it by certified mail with a return receipt, and keep a copy of the letter and receipt.
If you have already paid the bill that the debt collector is trying to collect, include that explanation in your letter and send copies (but not originals) of any receipts, canceled checks, or other information you have to show that you already paid the bill.
Make sure you dispute the debt in writing within 30 days of when the debt collector first contacted you. If you do so, the debt collector must stop trying to collect the debt until it can show you verification of the debt. You should dispute a debt in writing if: You do not owe the debt; You already paid the debt;