Start My Answer

How to Beat a Bill Collector in Court

Chloe Meltzer | December 02, 2022

Chloe-Meltzer
Legal Expert
Chloe Meltzer, MA

Chloe Meltzer is an experienced content writer specializing in legal content creation. She holds a degree in English Literature from Arizona State University, complemented by a Master’s in Marketing from California Polytechnic State University-San Luis Obispo.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

You may have a debt, but you also have a defense.

Summary: Are you being sued by a bill collector for an old debt? Make the right defense and learn how to beat a bill collector in court.

Debt collectors can be both collection agencies or lawyers that collect debts on behalf of clients. There are also bill collection companies that buy older debts from creditors or other businesses. Their job is to attempt to collect them to make their money back. Other names for a bill collector are debt collection agencies, debt collection companies, or debt buyers.

Why a bill collector is calling you

  • You have a creditor that believes you are past due on a debt. Creditors often have their own debt collectors, but they can also refer or sell your debt to an outside bill collector.
  • To locate someone you know. This is legal as long as they do not reveal that they are a debt collector.
  • Debt buyer bought your debt and is attempting to collect on it.

Make debt collectors prove their case with SoloSuit.

If you are concerned about a bill collector calling you then you need to learn your rights and how to stop the calls should they be too much. You can also ask them to stop contacting you, but this will not stop them from taking you to court or reporting your debt to the credit bureau. If you do choose to ignore them, you may end up being sued for debt. This can lead to a worsening of the situation.

If you do not owe the debt you are being contacted about, or you have already paid the debt, then it is important to take action to fight it.

Respond to the lawsuit promptly

Often the number one mistake that borrowers make when being sued for a debt is not responding. This seems incredibly simple but it is very easy to fall victim to.

The notice will typically arrive as a summons and complaint. If you owe the debt you may try to ignore it and hope it goes away, but this is not the best course of action. If you fail to respond an automatic judgment will be placed against you, therefore the bill collector will be able to garnish your wages, pull money directly from your bank account to satisfy your debt, and even possess your assets. They may even be able to add attorney's fees, court costs, or interest to the balance. This is not worth it.

This is why you need to respond with an Answer.

File an Answer with SoloSuit in 15 minutes and win in court.

Sending an answer

Once the plaintiff (the bill collector) files a lawsuit, the matter will be put before the court. This means you can no longer respond through the phone or even a letter. You will need to respond specifically with a legal document called an Answer. Things to remember when sending your Answer (response):

  • Always force the bill collector to prove you owe the debt
  • Never admit liability for the debt
  • File the Answer with the Clerk of Court
  • Ask for a stamped copy of the Answer from the Clerk of Court
  • Send the stamped copy as certified mail to the plaintiff
  • Respond within the amount of time on the summons (typically 20 to 30 days)

You must respond in the allotted amount of time on the response because if you do not it is the same as not responding at all. Then, an automatic judgment will be placed against you. Once a judgment is entered you may no longer be able to fight the debt at all.

Challenging the bill collector

One of the best ways to avoid a debt lawsuit is to challenge their right to sue. Most often the debt has been sold many times at this point, and the entity pursuing you will be required to show proof that they can do this. What you need to realize is that the judge is not going to look for this information on their own, so you will need to suggest and ask for proof.

Make the right defense the right way with SoloSuit.

Legal proof that you owe the debt

  • Credit agreement that you signed
  • Documentation of the chain of custody of all paperwork
  • That you are responsible for the debt
  • The bill collector has the right to sue you
  • You owe a specified amount of money

Examples of proof

  • Balance increased when you made purchases
  • Balance increased through fees or other amounts that were part of an agreement you signed
  • Balance is accurate and reflects previous payments

Although it might seem like this is easy information to obtain, because accounts often change hands multiple times before the lawsuit even begins, it is not uncommon for this paper trail to be lost. This is why it is essential that you ask for this information. If they fail to provide this information it can lead to a dismissal of the lawsuit or an agreement for a settlement at a much lower total.

Don't let debt collectors push you around. Beat them in court with SoloSuit.

The best affirmative defense

Affirmative defenses are those that will 100% get you out of being sued for your debt. They are undeniable in court. The statute of limitations is the best affirmative defense that exists. The statute of limitations governs how long creditors can bring a lawsuit to court. Although the rules vary by state and type of debt, the average length is between four to six years. The beginning of this time period starts on the last day you were active on the account.

Activity is defined as making a payment on the account or drawing funds. This might include the last time you used a credit card or made a payment on the balance.

Restarting the statute of limitations

It is essential not to make payments on past due accounts that have been sent to court. This is because you will restart the period of the statute of limitations if you make any type of payment or activity. Some agencies work to revive what is called “zombie debts” to extend the timeline and file a suit against you.

Whatever decisions you make about defending yourself against a bill collector, it is essential you know your rights. Never admit responsibility for the debt, and be sure to look into the statute of limitations. This is the best way to learn how to beat a bill collector in court.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


Get Started


>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review