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Author: Sergei Lemberg
How To Answer a Summons & Complaint
![Responding to a Legal Summons]()
General Rule: When you receive a summons, you must provide an answer in response to the complaint filed by the collection agency. The time you have to respond depends on the state where you live.
If a collection agency is trying to collect on a debt, they will likely be in regular communication with you about your debt. Most of the time, if you try to pay your debt, they will continue to work with you. However, a collection agency always has the option to file a lawsuit for any past-due debt.
When you get sued you will receive a summons notifying you of your obligation to respond. If this lawsuit is just meant to harass you, you have rights under the Fair Debt Collection Practices Act (FDCPA). Either way, you must provide a timely response.
This article will answer your questions on how to respond to a summons. You will also learn the potential consequences of a lawsuit for you and the collection agency.
Read the Summons
As soon as you receive a summons you should read it carefully. There will be plenty of important information that will help you understand why you are being sued. The court where the collection agency filed the lawsuit will prepare and send a summons. The summons will contain the following information:
- Parties to the case. Here you will find out who is suing you.
- Summary. The summons will contain a brief summary of the reason the collection agency filed a lawsuit. For debts, it will likely have the original creditor and amount past due.
- Court Information. There will also be information on the court handling the lawsuit.
- Your Responsibilities. Lastly, the summons will also let you know the time to file a response. If a court date is already scheduled the summons will provide that as well.
How Should I Respond to a Summons?
How you respond to a summons depends on the nature of the lawsuit. For specific information about the lawsuit, you will also receive a complaint.
What does the complaint contain? The complaint should provide proof of your past-due debt. This includes how much you owe and what type of payments you made. It may even include their attempts to contact you to settle the debt.
Does the debt collector’s lawsuit contain inaccurate information? If so, the first thing you will want to do is gather any evidence. For instance, they may claim you have not made a payment in over a year. If you have, compile any documents that show recent payments that you made.
Regardless of your guilt or innocence, you should provide an answer to the complaint. A court may show leniency to you if you show a willingness to address the situation. In your response, make sure that you are completely honest. The problem will only worsen if you lie or provide false information in your response.
Note: If you are nervous about the prospect of responding to a summons, consider hiring an attorney. They can take the lead on providing a response and representing you in the lawsuit.
Does the Lawsuit Violate the FDCPA?
In some cases, a collection agency’s lawsuit may violate the FDCPA. Some examples of when this may happen include the following:
- Harassment. The collection agency is only filing the lawsuit to harass you and coerce a payment.
- Changed the Debt Amount. Maybe you owe a debt but the amount the debt collector sued you for is much higher. If they intentionally change the amount you owe, they violate the FDCPA.
- Statute of Limitations. Once the statute of limitations expires, a debt is no longer legally enforceable. If a collection agency knows this and still sues you they violate the FDCPA.
If you are dealing with any of these situations, consider the following options:
- File a Counter-Lawsuit. In your answer to the summons, you can also sue the collection agency in return. In doing so, identify and provide any proof highlighting the FDCPA violation.
- Notify a Federal Agency About the Collection Agency. When a collection agency violates the FDCPA, you can submit a complaint to the Federal Trade Commission (FTC). You can also report the collection agency to the Consumer Financial Protection Bureau (CFPB).
Conclusion
If a court sends you a summons, that means a collection agency filed a lawsuit for the unpaid debt. When this happens you must provide a response. How you respond depends on the content of the lawsuit.
Of course, a lawsuit is always a serious matter. As a result, consider having a consumer rights attorney review your case. If you choose, they can even represent you against the collection agency.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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