If you've been served with a summons and complaint over a debt, the most powerful thing you can do is also the most overlooked: file a written response, called an Answer, by the deadline. Most people never do — and most people lose by default as a result. You do not need a lawyer to file an Answer, though free legal aid can help. Here is what the response is, what goes in it, and how to file it.
First: find your deadline and don't miss it
The court papers you were served — the summons and complaint — tell you exactly how long you have to respond and where to file. In most states that window is about 20 to 30 days from the date you were served, but it varies, so read your papers carefully and use the date they give. The CFPB's core advice is simple: respond by the date specified in the court papers. Missing it lets the collector ask for a default judgment, which you almost always lose automatically.
What an "Answer" actually is
An Answer is your formal written reply to the lawsuit. The complaint lists numbered statements (allegations) — that you owe a certain amount, on a certain account, to a certain party. In your Answer, you respond to each numbered paragraph in one of three ways:
- Admit — you agree the statement is true.
- Deny — you dispute it.
- Lack of knowledge — you don't have enough information to admit or deny, which the law generally treats as a denial. This is often the honest answer when a debt buyer can't show the original account records.
Responding this way does not admit you owe anything. As the CFPB notes, when you respond, the collector has to prove to the court that the debt is valid and that it has the legal right to collect it. Many debts have been bought and sold several times, and the collector suing you may not hold the documents to prove its case.
Raise your affirmative defenses — or lose them
The Answer is also where you list your affirmative defenses: legal reasons the collector should not win even if some facts are true. This step is critical, because in most courts a defense you don't raise in your Answer is waived. Common defenses include:
- The debt is too old (statute of limitations). If the debt is past your state's deadline to sue, it is time-barred. This is the most important one to know: the statute of limitations is an affirmative defense you must raise yourself — the court will not raise it for you, and a judge can still rule against you on an expired debt if you don't assert it. Check your state's clock with the statute of limitations checker first.
- The debt isn't yours, or the amount is wrong — including identity theft or a balance you already disputed.
- It's already been paid, settled, or discharged in bankruptcy.
- The collector can't prove it owns the debt (lack of standing).
How to file your Answer
The mechanics are usually straightforward, but follow your court's local rules exactly:
- File the original Answer with the court clerk listed on your summons, before the deadline. Some courts charge a filing fee and waive it for low-income filers.
- Serve a copy on the collector's attorney (the address is on the papers), usually by mail, and note how and when you sent it.
- Keep a dated, stamped copy of everything for your records.
If reading the legal papers feels overwhelming, you are not alone — fewer than one in ten people sued over a debt have a lawyer. Many courts have self-help centers, and you may qualify for free legal aid; your local legal aid office or a nonprofit credit counselor can walk you through it. And filing an Answer does not close the door on settling: you can still negotiate with the collector before your court date, often from a stronger position once they know you intend to defend the case.