How to Deny a Breach of Contract With a Debt Collector

Typically, the complaint that a debt collector uses when suing you over an unpaid debt is breach of contract. It will claim that when you failed to make your payment, you reneged or breached your contract with the creditor. After making initial contact with you regarding the debt, the collector may sue you to collect the money it says you owe. If it sues, you will receive a summons from the court containing the collector's complaint. You must file an answer with the court within the time specified in the summons to deny the allegations.

Instructions

1

Look at the summons to determine how long you can wait to file your answer. The time varies depending on the state you live in, but is typically 35 days or less.

2

Contact the clerk of the court that is overseeing the case to request an answer form if the summons does not contain a form for you to use.

3

Fill in the top of the answer form with information acquired by reading the summons. Look at the top of the summons to find the name of the debt collector that is suing you and the docket number assigned by the court.

4

Answer each point in the complaint with a denial in the space provided. States such as New York provide a check box for a general denial of all complaints that you can select to deny the breach of contract claim and any other claims by the debt collector without answering each paragraph.

5

Write your affirmative defenses in the provided space. These defenses explain why you are denying the plaintiff's right to sue you for the debt such as the collector's inability to collect a debt in the court's jurisdiction or that the debt was never yours.

6

Have a Notary Public notarize your statement if required by your state. Take your answer to the court clerk and request a court date. Send the debt collector --- or its legal representative --- a copy of your answer by certified mail.