Finding out you’ve been sued over a debt can feel overwhelming. You may feel panicked, confused, or unsure whether the situation is even real. But the most important thing to understand is this: how you respond in the first few weeks can dramatically change the outcome of the case.
Many creditors rely on consumers doing nothing. When you take action, you put yourself in a much stronger position. Below is a clear breakdown of what you should do—and why it matters—if you’ve been served with a debt lawsuit. And here’s the downloadable guide you can print off.
Step 1: Do Not Ignore the Lawsuit
Ignoring a lawsuit is one of the fastest ways to lose by default. When you receive a summons and complaint, those documents tell you who is suing you, how much they claim you owe, and which court the case is filed in.
If you don’t respond, the court can issue a default judgment, meaning the creditor automatically wins—even if the debt is inaccurate, outdated, or improperly documented. Doing nothing almost always benefits the creditor, not you.
Step 2: Identify Your Deadline to Respond
Every lawsuit comes with a response deadline, usually listed clearly on the summons. In many states, you’ll have 20 to 30 days to file an official response called an Answer.
Miss that deadline, and the court may rule against you without ever hearing your side. A simple but critical move is to mark the deadline on your calendar and treat it as non-negotiable.
Step 3: Contact the Court Clerk
You don’t need to guess how to respond. The court clerk’s contact information is listed on the summons. When you call, you can ask how to file an Answer, whether filing can be done online, and if templates or instructions are available.
Most courts provide step-by-step guidance, and many even offer standardized forms. This removes a lot of uncertainty from the process.
Step 4: Draft and File Your Answer
An Answer is your formal response to the lawsuit. In many cases, consumers file a general denial, which forces the creditor to prove they own the debt, the amount is correct, and they have legal standing to sue.
Once you file your Answer, the burden shifts back to the creditor. They can no longer rely on silence—they must produce evidence. This alone causes many lawsuits to stall or get dismissed.
Step 5: Challenge the Validity of the Debt
Debt buyers and collection agencies often lack complete documentation. When you challenge the claim, you’re asking the creditor to prove ownership of the debt, a valid chain of assignment, and accurate account records.
If they can’t produce proper documentation, the case may not hold up in court. Many creditors expect consumers not to challenge them—doing so changes the entire dynamic.
Step 6: Attend Every Court Hearing
If a hearing is scheduled, you must show up. Failing to appear can undo all the effort you’ve made so far. Judges can only rule based on who is present and prepared.
Consumers who attend and challenge claims often see creditors request continuances, struggle to produce documentation, or voluntarily dismiss cases. Showing up matters more than most people realize.
Step 7: Consider Negotiation (When It Makes Sense)
In some situations, you may choose to negotiate a settlement. Many creditors prefer resolving the case outside of court and may accept less than the full balance.
If you negotiate, get everything in writing, confirm how the debt will be reported afterward, and never rely on verbal promises. A properly documented agreement protects you long after the case is resolved.
Step 8: Get Legal Help if You Need It
If the process feels overwhelming, consulting with an attorney who handles debt lawsuits in your state may be appropriate. An attorney can help draft your response, handle negotiations, or represent you in court.
Even a short consultation can provide clarity and peace of mind.
Why Taking Action Changes Everything
Many debt collection lawsuits are filed with the expectation that the consumer won’t respond. When you file an Answer, challenge documentation, and show up to court, you dramatically increase your chances of avoiding a default judgment—and in some cases, seeing the lawsuit dismissed entirely.
Download the Step-by-Step Guide
To make this process easier, we’ve created a Downloadable Guide that walks you through these steps clearly and simply. If you’ve been served with a lawsuit and don’t know where to start, this guide can help you understand your options and take action with confidence.
