You opened your mailbox — or answered a knock at your door — and now you're holding a stack of legal papers. A debt collector is suing you. Your stomach drops. You might feel panicked, embarrassed, or overwhelmed. That's normal. But here's what you need to know right now: being sued by a debt collector does not mean you've already lost. You have rights, you have defenses, and in many cases, the collector may have actually broken the law during the process — giving you a path to fight back and recover damages of your own.
This guide walks you through exactly what to do when a debt collector files a lawsuit against you, step by step. We'll cover how to read the lawsuit, how to file your answer, the legal defenses that could get the case thrown out, and when it makes sense to bring in an attorney — especially one who can evaluate whether the collector violated the Fair Debt Collection Practices Act (FDCPA) along the way.
In This Guide
- Don't Panic — But Don't Ignore It
- Step 1: Read the Summons and Complaint Carefully
- Step 2: File Your Answer Before the Deadline
- Step 3: Check the Statute of Limitations
- Common Legal Defenses Against Debt Collection Lawsuits
- When to Hire an Attorney (and What It Costs)
- What Happens If You Win — or Lose
- Frequently Asked Questions
Don't Panic — But Don't Ignore It
A debt collection lawsuit starts when a collector (or a debt buyer who purchased your account) files a complaint with a court and has you formally served. You'll typically receive two documents: a summons, which tells you that a lawsuit has been filed and gives your deadline to respond, and a complaint, which lays out the collector's claims against you — the amount they say you owe, the account it relates to, and the legal basis for the suit.
Here is the single most important thing to understand: if you ignore the lawsuit, you lose automatically. When a defendant doesn't respond, the court enters what's called a default judgment. That gives the collector the legal power to garnish your wages, levy your bank accounts, and place liens on your property — all without you ever having a chance to defend yourself.
The good news? Even if you owe the debt, you still have legal options. The collector may not be able to prove the debt is yours, the amount may be wrong, the statute of limitations may have expired, or the collector may have violated federal law in the process. Responding to the lawsuit is how you protect yourself — and how you find out if the collector has any weaknesses in their case.
Step 1: Read the Summons and Complaint Carefully
Before you do anything else, sit down and read every page. You're looking for four critical pieces of information.
Who is suing you? Identify the plaintiff. Is it the original creditor (the bank or company you originally owed), a collection agency working on their behalf, or a debt buyer who purchased the account for pennies on the dollar? This matters because debt buyers often have the weakest documentation — they may not be able to prove they actually own the debt.
How much do they claim you owe? Compare this to your own records. Collectors sometimes inflate balances with unauthorized fees, inflated interest, or charges that weren't part of the original agreement. If the number doesn't match, that's a potential defense.
Which court was it filed in? The lawsuit should be filed in a court with jurisdiction — typically where you live or where the original contract was signed. If a collector sues you in the wrong jurisdiction, that's another defense.
What is your deadline to respond? This is on the summons. Depending on your state and the type of court, you'll typically have 20 to 30 days from the date you were served. Mark this date. Missing it can result in a default judgment even if you have strong defenses.
Step 2: File Your Answer Before the Deadline
An Answer is the formal legal document you file with the court to respond to each allegation in the complaint. For every claim the collector makes — "defendant owes $4,200 on account ending in 7891," for example — you respond with one of three options:
- Admit — You agree the statement is true
- Deny — You dispute the statement
- Lack sufficient knowledge — You don't have enough information to confirm or deny
When in doubt, deny or state you lack sufficient knowledge. You are not required to help the collector prove their case. The burden of proof is on them.
Filing your Answer on time is critical. If you miss the deadline, the court can enter a default judgment against you — and at that point, the collector wins without having to prove anything. Many state courts provide fill-in-the-blank answer forms designed for people representing themselves (known as pro se defendants). Check your local court's website or clerk's office for self-help resources.
File your Answer with the court clerk and send a copy to the attorney representing the collector. Keep proof of everything you file — date-stamped copies, certified mail receipts, or electronic filing confirmations.
Step 3: Check the Statute of Limitations
Every type of debt has a statute of limitations — a time window during which a creditor or collector can legally sue you to collect. Once that window closes, the debt is considered time-barred, and you can raise the expired statute as an affirmative defense in your Answer.
Statutes of limitations for consumer debt vary significantly by state. Here are some of the most common:
| State | Written Contracts | Credit Card Debt | Promissory Notes |
|---|---|---|---|
| California | 4 years | 4 years | 4 years |
| Florida | 5 years | 5 years | 5 years |
| Illinois | 10 years | 5 years | 10 years |
| New York | 6 years | 6 years | 6 years |
| Ohio | 8 years | 6 years | 6 years |
| Pennsylvania | 4 years | 4 years | 4 years |
| Texas | 4 years | 4 years | 4 years |
Note: These are general guidelines. The applicable statute of limitations depends on your state, the type of debt, and the terms of the original agreement. Consult an attorney to verify the deadline for your specific situation.
This matters for two reasons. First, if the statute of limitations has expired, you have a strong defense to get the case dismissed. Second, suing you on a time-barred debt may itself be a violation of the FDCPA — meaning the collector could owe you damages for filing the lawsuit in the first place.
One critical warning: do not make a payment or written acknowledgment of the debt before verifying the statute of limitations. In many states, a partial payment or written promise to pay can restart the clock, giving the collector a fresh window to sue you legally.
Check the date of your last payment or last account activity — that's typically when the clock started.
Common Legal Defenses Against Debt Collection Lawsuits
You don't have to prove you don't owe the debt to win. The collector has to prove you do — and there are several points where their case can fall apart. Here are the most common defenses.
Statute of limitations expired. As discussed above, if the debt is time-barred, the collector has no legal right to sue you for it. Raise this as an affirmative defense in your Answer.
Lack of standing. Debt buyers purchase delinquent accounts in bulk, often with minimal documentation. To sue you, they must prove a clear chain of ownership from the original creditor to themselves. If they can't produce the original signed contract, account statements, and a documented chain of assignment — the case may be dismissed.
Wrong amount. Collectors sometimes add unauthorized fees, inflated interest, or charges that weren't in the original agreement. If the amount in the complaint doesn't match your records, challenge it.
Identity error. The debt may belong to someone else entirely — a family member with a similar name, a victim of identity theft, or simply a clerical mistake. If the debt isn't yours, say so.
Already paid or settled. If you've already paid the debt or reached a prior settlement, gather your proof (receipts, bank statements, settlement letters) and present it.
FDCPA violations during collection. If the collector harassed you, lied about what you owe, contacted your employer or family illegally, or used threats before filing the lawsuit, those are violations of federal law. These don't just serve as defenses — they can become the basis for a countersuit. Read more about how to stop debt collection harassment and the specific practices the FDCPA prohibits.
When to Hire an Attorney (and What It Costs)
You can respond to a debt collection lawsuit on your own — but there are situations where having an attorney significantly improves your outcome. Consider getting legal help if:
- The amount claimed is large enough to cause serious financial harm
- You're unsure which defenses apply to your case
- The collector violated the FDCPA at any point during the collection process
- You believe the debt is time-barred but aren't certain
- You want to file a counterclaim for damages
Here's the part most people don't realize: FDCPA attorneys typically work on contingency, meaning you pay nothing upfront and nothing out of pocket. If the collector violated your rights, federal law requires the collector to pay your attorney's fees if you win. That's not a loophole — it's how the law was designed to work, specifically so that consumers can afford to fight back.
At Hyslip Legal, our FDCPA attorneys hold abusive debt collectors accountable every day. We offer a free, no-obligation case review where we evaluate your defenses, identify any FDCPA violations, and tell you honestly whether you have a case. To learn more about what that process looks like, read about how an FDCPA attorney can help or our guide on how to choose the right FDCPA attorney.
What Happens If You Win — or Lose
If you win, the case is dismissed and the collector cannot pursue you further on that claim. If the collector violated the FDCPA — whether through harassment during the collection process or by filing a lawsuit on time-barred debt — you may also have a counterclaim. Under the FDCPA, you can recover up to $1,000 in statutory damages, plus actual damages for emotional distress and financial harm, plus attorney's fees paid by the collector.
In other words: they sued you, and now they may owe you money.
If you lose, the court enters a judgment against you. That gives the collector legal tools to collect, including wage garnishment, bank account levies, and property liens. But even a judgment doesn't eliminate your options entirely.
After a judgment, you may be able to negotiate a lump-sum settlement for less than the full amount, set up a payment plan with the collector, or — in cases of severe financial hardship — explore consumer bankruptcy as a way to discharge or restructure the debt. Chapter 7 bankruptcy can eliminate many types of unsecured debt entirely, while Chapter 13 creates a structured repayment plan that stops garnishments and collection actions.
The most important thing is to act. Whether you win or lose, doing nothing is always the worst outcome.
Frequently Asked Questions
Can a debt collector sue me without notifying me?
No. Before a court can enter a judgment against you, the collector must properly serve you with the lawsuit — meaning you must receive the summons and complaint through a legally recognized method. This is called service of process, and it typically requires personal delivery, delivery to another adult at your home, or — in some states — service by certified mail. If you were never properly served, you may have grounds to challenge any default judgment.
What if I can't afford to pay the debt?
Owing a debt doesn't mean you have no options. You can still file an Answer and raise defenses — the collector must prove their case regardless of your financial situation. If you're facing genuine hardship, an attorney may be able to negotiate a reduced settlement on your behalf. In extreme cases, Chapter 7 bankruptcy may allow you to discharge the debt entirely. The important thing is to respond to the lawsuit rather than ignore it, even if you can't pay right now.
Can I countersue a debt collector?
Yes — if the collector violated the FDCPA at any point during the collection process or in the lawsuit itself. Common violations that support a counterclaim include suing on time-barred debt, misrepresenting the amount owed, harassing you with excessive calls, threatening arrest or legal action they couldn't take, or contacting your employer or family about the debt. Under the FDCPA, you can recover up to $1,000 in statutory damages plus actual damages and attorney's fees — all paid by the collector.
How long do I have to respond to a debt collection lawsuit?
The deadline to file your Answer depends on your state and the type of court. In most states, you have 20 to 30 days from the date you were served. Some states give as few as 14 days, while others allow up to 35. Check the summons — it will state your exact deadline. Missing it can result in a default judgment, so treat this date as non-negotiable.
Does the debt collector have to prove I owe the debt?
Yes. The burden of proof is on the plaintiff — the collector or debt buyer who filed the lawsuit. They must provide evidence that the debt exists, that you are the person who owes it, that the amount is accurate, and that they have the legal right to collect it. Debt buyers in particular often struggle with this, because they purchase accounts in bulk with limited documentation and may not have the original signed contract or complete account history.
This information is for educational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Hyslip Legal, LLC. Every situation is unique, and individual results may vary — past outcomes do not guarantee future results. Contact Hyslip Legal for a free consultation to discuss your specific circumstances.
Last Updated: February 2026