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Answer a Summons for Debt Collection

Being served with a debt collection summons usually gives you 20 to 30 days to respond. Filing an answer stops a default judgment and lets you raise defenses like the statute of limitations, lack of standing, and the Fair Debt Collection Practices Act.

Introduction

Being sued by a debt collector is stressful, but ignoring the summons is the worst thing you can do. When a creditor, a collection agency, or a debt buyer files a collection lawsuit, you are served with a summons and a complaint, and you usually have only 20 to 30 days to file a written answer. If you do nothing, the collector wins automatically by default judgment, which can lead to wage garnishment, a bank levy, or a lien on your property. Filing an answer changes that. It forces the collector to actually prove you owe the debt, in the amount claimed, to them. Many collection suits are filed by debt buyers that purchased the account for pennies and cannot produce the original contract or an unbroken chain of ownership. Your answer is where you deny what you do not owe, demand that the debt be validated, and raise defenses such as an expired statute of limitations or violations of the Fair Debt Collection Practices Act. DocDraft drafts your answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Do not ignore the summons. If you miss your deadline, usually 20 to 30 days, the collector can take a default judgment and pursue wage garnishment, a bank levy, or a lien without ever proving you owe the debt.

  2. 2

    Filing an answer forces the collector to prove its case. It must show that the debt is yours, that the amount is correct, and that this particular collector owns the right to collect it.

  3. 3

    Demand validation. You can deny the debt and require the collector to produce the account agreement, a statement of the amount owed, and proof of how it acquired the account.

  4. 4

    Debt buyers often cannot prove standing. Collection suits are frequently filed by companies that bought the account in bulk and lack an unbroken chain of title from the original creditor, which is a defense to the lawsuit.

  5. 5

    The statute of limitations is a complete defense if it has expired. Every state sets a deadline to sue on a debt, and if the collector waited too long the debt is time-barred. See the by-state table below.

  6. 6

    The Fair Debt Collection Practices Act protects you. Suing on time-barred debt, misstating the amount, or contacting you improperly can violate the FDCPA, which you can raise defensively and through a separate one-year claim.

  7. 7

    Answering and negotiating are not mutually exclusive. Filing an answer preserves your leverage, and a collector with weak documentation is often more willing to settle on better terms.

Statute of Limitations on Debt by State

The statute of limitations is the deadline for a creditor or debt collector to sue you on a debt. Once it passes, the debt is time-barred and you can raise that as a defense in your answer. The clock generally runs from your last payment or charge, and in some states making a payment or even acknowledging the debt can restart it. The table lists the period for a written contract and, where the state sets a different period, for an open or credit-card account.

StateWritten contractOpen / credit-card accountControlling statute
Alabama6 yr3 yrAla. Code 6-2-34(9); open account Ala. Code 6-2-37(1)
Alaska3 yr3 yr (same)AS 09.10.053
Arizona6 yr3 yrA.R.S. § 12-548; open account A.R.S. § 12-543
Arkansas5 yr3 yrA.C.A. 16-56-111(a); open account A.C.A. 16-56-105(1),(3)
California4 yr4 yr (same)Cal. Civ. Proc. Code § 337
Colorado6 yr6 yr (same)C.R.S. 13-80-103.5(1)(a)
Connecticut6 yr6 yr (same)C.G.S. 52-576(a)
Delaware3 yr3 yr (same)10 Del. C. 8106
District of Columbia3 yr3 yr (same)D.C. Code § 12-301
Florida5 yr4 yrFla. Stat. § 95.11(2)(b); open account Fla. Stat. § 95.11(3)(k)
Georgia6 yr4 yrO.C.G.A. 9-3-24; open account O.C.G.A. 9-3-25
Hawaii6 yr6 yr (same)HRS 657-1(1)
Idaho5 yr4 yrIdaho Code 5-216; open account Idaho Code 5-217
Illinois10 yr5 yr735 ILCS 5/13-206; open account 735 ILCS 5/13-205
Indiana6 yr6 yr (same)Ind. Code 34-11-2-9
Iowa10 yr5 yrIowa Code 614.1(5); open account Iowa Code 614.1(4)
Kansas5 yr3 yrK.S.A. 60-511; open account K.S.A. 60-512
Kentucky10 yr5 yrKRS 413.160; open account KRS 413.120(1)
Louisiana10 yr3 yrLa. Civ. Code art. 3499; open account La. Civ. Code art. 3494
Maine6 yr6 yr (same)14 M.R.S. 752
Maryland3 yr3 yr (same)Md. Code, Cts. & Jud. Proc. § 5-101
Massachusetts6 yr6 yr (same)M.G.L. c.260 s.2
Michigan6 yr6 yr (same)MCL 600.5807(9)
Minnesota6 yr6 yr (same)Minn. Stat. § 541.05
Mississippi3 yr3 yr (same)Miss. Code 15-1-49
Missouri10 yr5 yrRSMo 516.110(1); open account RSMo 516.120(1)
Montana6 yr5 yrMCA 27-2-202(1); open account MCA 27-2-202(2)
Nebraska5 yr4 yrNeb. Rev. Stat. 25-205; open account Neb. Rev. Stat. 25-206
Nevada6 yr4 yrNRS 11.190(1)(b); open account NRS 11.190(2)(a) and (3)(a)
New Hampshire3 yr3 yr (same)RSA 508:4, I
New Jersey6 yr6 yr (same)N.J.S.A. 2A:14-1
New Mexico6 yr4 yrNMSA 37-1-3; open account NMSA 37-1-4
New York6 yr3 yrN.Y. C.P.L.R. § 213; open account N.Y. C.P.L.R. § 214-i
North Carolina3 yr3 yr (same)N.C.G.S. 1-52(1)
North Dakota6 yr6 yr (same)N.D. Cent. Code 28-01-16(1)
Ohio6 yr4 yrORC 2305.06 (eff. 6/16/2021); open account ORC 2305.07
Oklahoma5 yr3 yr12 O.S. 95(A) First; open account 12 O.S. 95(A) Second
Oregon6 yr6 yr (same)ORS 12.080(1)
Pennsylvania4 yr4 yr (same)42 Pa.C.S. 5525(a)
Rhode Island10 yr10 yr (same)R.I. Gen. Laws 9-1-13(a)
South Carolina3 yr3 yr (same)S.C. Code § 15-3-530
South Dakota6 yr6 yr (same)SDCL 15-2-13(1)
Tennessee6 yr6 yr (same)T.C.A. 28-3-109(a)(3)
Texas4 yr4 yr (same)Tex. Civ. Prac. & Rem. Code 16.004(a)(3)
Utah6 yr4 yrUtah Code 78B-2-309; open account Utah Code 78B-2-307
Vermont6 yr6 yr (same)12 V.S.A. 511
Virginia5 yr3 yrVa. Code § 8.01-246
Washington6 yr6 yr (same)RCW 4.16.040
West Virginia10 yr5 yrW. Va. Code 55-2-6; open account W. Va. Code 55-2-6
Wisconsin6 yr6 yr (same)Wis. Stat. 893.43(1)
Wyoming10 yr8 yrWyo. Stat. 1-3-105(a)(i); open account Wyo. Stat. 1-3-105(a)(ii)

Statute-of-limitations rules change and depend on your exact circumstances and the date the debt last accrued. Confirm the current statute cited above for your state, or have an attorney review your situation, before relying on a date.

Key Decisions

Responding to the Allegations

Defenses

Resolution Strategy

Customize your Answer to a Summons Template with DocDraft

[COURT NAME AND JUDICIAL DISTRICT]

[CREDITOR OR COLLECTOR NAME], Plaintiff, v. Case No. [CASE NUMBER] [YOUR NAME], Defendant.

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [YOUR NAME], appearing pro se, answers the Complaint as follows:

RESPONSES TO ALLEGATIONS

  1. Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and therefore denies] the allegations in Paragraph 1.
  2. [Repeat for each numbered paragraph of the Complaint. When the Plaintiff has not attached the account agreement or proof that it owns the debt, stating that you lack knowledge requires the Plaintiff to prove the allegation.]

AFFIRMATIVE DEFENSES

  1. Statute of Limitations. The alleged debt is barred by the applicable statute of limitations because the last payment or charge occurred on [DATE], more than [NUMBER] years before this action was filed.
  2. Lack of Standing. Plaintiff has not proven that it owns the alleged debt or that it holds an unbroken chain of assignment from the original creditor.
  3. Failure to State the Amount. Plaintiff has not produced the account agreement or an itemized statement establishing the amount claimed.
  4. Payment / Settlement. The alleged debt has been paid, settled, or discharged.
  5. Fair Debt Collection Practices Act. Plaintiff's conduct in attempting to collect this debt violated 15 U.S.C. 1692 et seq.
  6. [Add any other defense that applies, such as identity theft or that this is not your debt.]

DEMAND FOR VALIDATION Defendant demands that Plaintiff produce the original account agreement, a complete statement of the amount owed, and documentation proving Plaintiff's ownership of the account.

PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court dismiss the Complaint with prejudice, award Defendant costs, and grant any other relief the Court deems just.

Dated: [DATE] [SIGNATURE] [YOUR NAME], Defendant Pro Se [ADDRESS] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] I served a copy of this Answer on [PLAINTIFF OR ITS ATTORNEY] at [ADDRESS] by [mail / electronic service / hand delivery]. [SIGNATURE]

Frequently Asked Questions

Most states give you 20 to 30 days from the date you were served to file a written answer, though the exact deadline is printed on the summons and varies by state and court. Court holidays and the method of service can affect the count, so confirm your specific deadline immediately.

If you do not respond by the deadline, the collector can ask the court for a default judgment, meaning it wins automatically without proving the debt. A judgment can let the collector garnish your wages, levy your bank account, or place a lien on your property.

Yes. Each state sets a statute of limitations on debt, commonly three to ten years. If the collector sued after that period expired, the debt is time-barred and you can raise the expired statute of limitations as an affirmative defense in your answer to defeat the lawsuit.

No. The collector that sued you carries the burden of proving the debt is yours, that the amount is accurate, and that it owns the account. In your answer you can deny the allegations and state that you lack enough information, which requires the collector to produce its evidence.

Yes. Defendants regularly file their own answer to a debt collection summons. You respond to each allegation by admitting, denying, or stating you lack knowledge, then list your affirmative defenses. Filing on time and following your court's format rules are the most important steps.

Filing an answer and negotiating a settlement are not mutually exclusive, and answering first usually strengthens your position. Once the collector sees you are contesting the case and may have to prove ownership and the amount, it often becomes more willing to settle for less.

Answer a Summons for Debt - All 50 States - DocDraft