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Author: Sergei Lemberg
What to Do if You Receive a Summons
![Receiving a Legal Summons]()
General Rule: If you receive a summons, you must provide an answer and prepare to defend yourself in court. How long you have to respond to a summons depends on the state where the debt collector sued you.
If you have a past-due debt, you are likely to receive calls from a collection agency. A debt collector has certain options when it comes to the collection of a debt. One option for a debt collector is to file a lawsuit for the past-due debt.
If you get sued by a debt collector, you likely have a lot of questions. Many of those questions revolve around what you must do and what happens next. Another question is whether this is a legitimate or frivolous lawsuit. If they are just trying to harass you, they likely violated the Fair Debt Collection Practices Act (FDCPA).
Whatever the reason for the lawsuit, it is important to understand what to do when you receive a summons. This article will help you understand what a summons is and what you need to do when you get one. In addition, if the lawsuit is filed in bad faith, you can take action under the FDCPA.
What is a Summons?
A summons is a document prepared by the court. The court sends this document to notify you that someone filed a lawsuit against you. This is the first official notification you will receive if a collection agency files a lawsuit against you. Below are answers to some of your questions about a summons.
What type of information does a summons contain?
The summons contains basic information about the lawsuit. This includes information on the parties involved in the case referred to as the Plaintiff and Defendant. The summons will also contain a summary of the lawsuit.
In the summons, you can also find information about the court where the collection agency filed the lawsuit. This includes any upcoming court dates and what next steps you need to take.
How will I receive a summons?
You may receive a summons in a few different ways. One way is being served by a Sheriff or process server in the county where the collection agency filed the lawsuit. A debt collector may also send the summons by certified mail.
Is there any other documentation that comes with the summons?
Yes, you should also receive a complaint. This document contains the detailed reasons why a debt collector filed a lawsuit. This will include information about your debt such as the amount you owe and how long it is past due. There should also be supporting documentation to prove the allegations in the complaint.
How Should I Respond to a Summons?
Once you receive a summons read it thoroughly. There should be instructions on what next steps to take. A collection agency will have an attorney handle the lawsuit. It is a good idea to at least consider hiring an attorney to represent you in the lawsuit.
If you decide to represent yourself, you will have to provide an answer to the complaint. While it depends on the state, you typically have between 20 and 30 days to provide an answer to the complaint.
What if a Debt Collector is Trying to Harass Me With a Frivolous Lawsuit?
It may be that the debt collector is filing a frivolous lawsuit. This happens when a collection agency sues you as a harassment tactic. This may also occur when a collection agency sues you on a debt where they know the statute of limitations expired.
If you are the recipient of a frivolous lawsuit, consider taking the following action:
- Report the Collection Agency to a Federal Agency. You have two options. For FDCPA violations, submit a complaint to the Federal Trade Commission (FTC). For general complaints, you can report the collection agency to the Consumer Financial Protection Bureau (CFPB).
- Hire an Attorney. Getting an attorney involved may make a collection agency think twice about continuing with a frivolous lawsuit.
- File a Counter-Lawsuit. If you have evidence that the debt collector is filing a frivolous lawsuit, you can take your own legal action.
- Propose a Debt Settlement. This is an option if you have proof that a collection agency sued you only to harass you. A collection agency may agree to a reduced debt settlement to avoid a counter-lawsuit.
Conclusion
If you get a summons in the mail, the one thing you do not want to do is ignore it. Make sure you take action before a collection agency gets a judgment against you.
A lawsuit is a serious situation. Consider your options by discussing your case with a consumer rights attorney. They can evaluate your case and, if necessary, 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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