What to Do If a Debt Collector Sues You

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Do not ignore the lawsuit. Note the deadline on the summons and file a written answer with the court before it passes, or the collector will likely win a default judgment that can lead to wage garnishment and bank levies. Check whether the debt is yours, whether the amount is right, whether the collector can prove it owns the debt, and whether the statute of limitations has expired. Then defend, negotiate or consider bankruptcy.

Debt collection lawsuits are common, and most end in default judgments because the consumer never responds. Responding changes the odds.

Step 1: Confirm it is real

Check the court's records or call the court clerk using the case number. Scammers sometimes send fake lawsuit threats.

Step 2: Find your deadline

The summons tells you how many days you have to file an answer, often 14 to 30 days depending on the state and court.

Step 3: File an answer

Your answer responds to each claim and raises your defenses. Many courts have forms or self-help centers. Filing usually requires a fee unless waived. If you do nothing, the collector can get a default judgment (CFPB).

Common defenses

  • Statute of limitations: debts are generally too old to sue on after a period set by state law. Under federal rules, debt collectors may not sue or threaten to sue on time-barred debt (12 CFR 1006.26).
  • Lack of proof: debt buyers must prove they own the debt and the amount; documentation is often incomplete.
  • Wrong person or amount: identity theft, paid debts, or inflated fees and interest.
  • Improper service.
  • FDCPA violations: abusive or deceptive collection conduct can support a counterclaim for damages and attorney fees (15 U.S.C. 1692k). See what debt collectors can legally do.

Step 4: Consider settlement

Many collectors accept less than the full amount. Get any settlement in writing, including that the case will be dismissed and how it will be reported. Never pay before you have a written agreement.

Step 5: Go to every hearing

Missing a hearing can lead to a judgment even after you filed an answer.

If a judgment is entered

The creditor can seek wage garnishment, bank levies and property liens, subject to exemptions; see wage garnishment limits. You may be able to ask the court to set aside a default judgment if you act quickly and have a good reason.

When bankruptcy makes sense

If you face several lawsuits or debts you cannot repay, bankruptcy can stop the lawsuit through the automatic stay. See Chapter 7.

Use our debt lawsuit response checklist, and consider a consultation with a bankruptcy lawyer or consumer attorney.

Sources

  1. Consumer Financial Protection Bureau: Debt collection
  2. Cornell Law School LII: 12 CFR 1006.26, Collection of time-barred debts
  3. Cornell Law School LII: 15 U.S.C. 1692k, Civil liability

Find bankruptcy lawyers near you

Thinking about Chapter 7 or Chapter 13 bankruptcy, or facing foreclosure or debt collection? Compare local bankruptcy attorneys by Google rating, reviews and office hours below.

Bankruptcy Lawyers by state

AKMEVTNHWAIDMTNDMNILWIMINYRIMAORNVWYSDIAINOHPANJCTCAUTCONEMOKYWVVAMDDEAZNMKSARTNNCSCDCOKLAMSALGAHITXTexasFL

Tap your state to see listings by city.

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

Related questions