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Author: Sergei Lemberg
Length of Time for Summons and Complaint
![Legal Summons Time Period]()
General Rule: A person has approximately 20-30 days to respond once they receive a summons and a complaint. However, the time to respond may vary depending on the state where the debt collector filed the lawsuit.
Debt collection can be an ugly process. In some cases, a dispute over a debt may lead to a lawsuit. If you are dealing with a past-due debt, a debt collector may sue you for non-payment. When this happens you will receive a summons and complaint.
If this happens to you it’s important to understand the process. This includes how long you have to respond to a lawsuit and what you should say. In addition, in some cases, the debt collector’s lawsuit may violate your rights under the Fair Debt Collection Practices Act (FDCPA). This federal law protects you from harassing and abusive debt collection practices.
This article will help you understand the length of time you have to respond to a summons and complaint. You will also learn what to do if a debt collector’s lawsuit violates the FDCPA.
What is a Summons and Complaint?
A summons and a complaint are two different things. While you likely receive both of them at the same time they serve two different purposes.
The summons is a notification that someone filed a lawsuit against you. The court provides this document which contains basic information about the lawsuit. This typically includes the following:
- Parties involved
- Summary of the lawsuit
- Court location
- Any upcoming court dates
The collection agency prepares the complaint. It will contain the basis for the lawsuit. Typically it will provide information about the debt, the chain of title and how long the debt is past due. In addition, there will likely be attachments to support the allegations made in the complaint.
What Should I Do When I Receive These Documents?
Upon receiving the complaint and summons, you should read the documents to determine who is filing a lawsuit and why. If you are unsure how to handle the lawsuit, contact a consumer rights attorney to discuss your next steps.
However, generally, the next step is providing an answer to the complaint. On average a person has 20 to 30 days to respond to the complaint. However, state law determines the length of time you have to respond.
In most cases, the summons will specify how long you have to respond to the complaint. In addition, the summons will likely provide legal resources if you decide to represent yourself.
Did a Debt Collector File a Lawsuit to Harass You?
Oftentimes, a lawsuit from a debt collector is a legitimate request for a past-due payment. However, sometimes a debt collector may not sue you in good faith. Some examples include the following:
- Harassment Tactic. Sometimes a debt collector will sue you just to harass you. They may have no grounds for the lawsuit but they hope that a lawsuit will pressure you into making a payment.
- Knowledge of Time-Barred Debt. If a debt collector knows the statute of limitations expired, they should not try to enforce the debt in court. Fortunately, you can raise the statute of limitations as a defense.
If you are being sued for one of these, or any other illegal reasons, you can take action under the FDCPA. A debt collector cannot file a lawsuit to harass you or trick you into making a payment. If they do, consider taking the following action:
- Hire an Attorney. A debt collector may reconsider their tactics if they know an attorney represents you.
- Write to the Debt Collector. Notify the debt collector in writing that they are violating your rights under the FDCPA. They may withdraw their complaint if you can prove the lawsuit was not filed in good faith.
- Submit a Complaint to a Federal Agency. If there is a violation of the FDCPA, submit a complaint to the Federal Trade Commission (FTC). Another option is to submit a complaint to the Consumer Financial Protection Bureau (CFPB).
- Propose a Discounted Settlement of Your Debt. If you have proof of the violation a debt collector may work with you to provide a discounted settlement.
Conclusion
Getting a summons and complaint in the mail can be scary and anxiety-producing. A debt collector may have a legitimate claim and you will have to take steps to resolve the debt. However, sometimes debt collectors are just trying to scare you into paying a debt.
If a debt collector files a lawsuit against you, do not ignore it. Have a consumer rights attorney take a look at the lawsuit. They can advise you on your best options and determine if you should take any action against the debt collector.
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.
See more posts from Sergei Lemberg