How to answer a lawsuit for debt collection?

You may respond by delivering either a Notice of Appearance or an Answer to the person who signed the Summons and Complaint. A Notice of Appearance merely states that you have appeared in the lawsuit. By delivering a Notice of Appearance, you will prevent the court from entering a default judgment against you without a court hearing.

What does a complaint against a debt collector mean?

A Complaint is a document that the debt collector files with the court that lays out how much money they think you owe them and details why they should be entitled to a judgment against you. This is what most people think of when they think “lawsuit.”

Can a debt collector Sue after the Statute of limitations has run?

If a debt collector tries to file a lawsuit after the statute of limitations has run, then you can use the statute of limitations as a defense against the debt collection lawsuit. If the defense is successful, the case will be dismissed.

Where do I send a debt collection summons?

Go to the clerk of court’s office in the court where the lawsuit was filed and file the original with the clerk and have the attendant “file-stamp” the other two copies. Mail one file-stamped copy, called the “Service Copy,” to the debt collector’s attorney. The law firm’s name and address should be on the front of the Summons.

What to do if a debt collector files a summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven’t already, if the collector files this kind of motion.