How to Answer Civil Summons for Debt Collection

Answering a civil summons for debt collection is a serious matter. A civil summons for debt is a civil lawsuit. If you fail to answer the lawsuit, the debt collector will win an automatic victory called a "default judgment." A judge will sign the default judgment ordering you to pay a specific amount of money to the debt collector. If you fail to pay, the debt collector can request garnishment of your checking account or wages. Answering the summons protects your rights under the law.

Instructions

1

Read documents sent to you by the court called a "summons and complaint." A summons is a notice of a lawsuit and a complaint is the actual lawsuit. The summons offers general guidance on how to respond to the lawsuit. In some states a summons requires you to appear in court on a certain date. In other states the summons requires you to provide a written response to the lawsuit, with a court hearing set later.

2

Hire a consumer affairs attorney. There is no way to win a debt lawsuit if you owe the money, according to Illinois Legal Aid. However, an attorney can stall the case by filing various legal motions, giving you time to settle out of court.

3

Answer the lawsuit by attending the court hearing listed in the summons, or provide a written answer if required. Write your written answer by responding to each numbered allegation in the lawsuit. For example, the lawsuit may allege that you opened an account on a certain date and made charges that you never paid for. Exactly how to answer depends on laws in your state. Or you can contest each allegation by simply writing "I deny that this is true" for each allegation. The denial forces the attorney for the debt collector to prove the case. It is advisable to have an attorney prepare the written answer and at least offer initial advice.

4

Return the written answer before the deadline listed in the summons.