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How to Answer Summons for Debt Collection in Vermont (2023 Guide)

George Simons | March 21, 2023

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

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 can win your Vermont case if you make the right defense.

Summary: You have 21 days to respond to a debt collection lawsuit in Vermont civil courts, but keep in mind there are some exceptions to this rule. There is no fee to file your Answer, and you can use SoloSuit to draft one up in just 15 minutes.

Despite the relatively low unemployment rate and below-average debt levels for residents of Vermont, it may be unavoidable to encounter financial difficulties during an economic downturn, including unpaid bills and ever-increasing credit card balances.

When you fail to pay what you owe to your creditors on time, they will likely hound you with repeated phone calls, letters, emails, etc. A creditor may even sell your debt to a debt collection agency, which will pursue repayment even more aggressively. If the debt continues to be unpaid, a debt collection lawsuit will likely be filed against you.

In this article, we will break down everything you need to know about how to respond to a debt collection lawsuit in Vermont, including deadlines, fees, forms, and more.

Stop debt collectors from harassing you by filing a response with SoloSuit.

File your Answer before the Vermont deadline

In general, you have 21 days to respond to a debt lawsuit in Vermont. If you do not respond to the lawsuit before the deadline, the court will make a default judgment against you.

A default judgment means the court will decide the case in favor of the debt collector in your absence. At this point, the debtor can exercise various rights to satisfy the court's judgment. They may take extreme measures, such as wage garnishment, levying your bank account, or a judgment lien.

More specifically, Vermont Rules of Civil Procedure Rule 12(a)(1) states:

"(1) A defendant shall serve an answer

A) within 21 days after being served with the summons and complaint, unless the court directs otherwise when service of process is made pursuant to an order of court under Rule 4(d) or 4(g), and provided that a defendant served pursuant to Rule 4(e), 4(f), or 4(k) outside the continental United States or Canada may serve an answer at any time within 49 days after such service; or

(B) if service of the summons has been timely waived on request under Rule 4 (l ), within 60 days after the date when the request for waiver was sent, or within 90 days if the defendant was addressed outside any state or territory of the United States.”

In other words, you have 21 days to respond to your Vermont debt collection case unless you were served outside the continental US or Canada, in which case you have 49 days. If you submit a request for waiver of service, you have 60 days to respond. If you were served outside of the US, you have 90 days.

Keep in mind that the deadline is different for Vermont small claims court, where you have 30 days to respond to the Complaint. Learn more about how respond to a Vermont small claims case, as the process is slightly different.

Use Vermont's Answer to Summons forms

An Answer is an explanation, defense, or denial of the claims made against you in a debt collection case. Therefore, you must read and understand the Summons and Complaint to prepare your Answer document correctly.

You can use SoloSuit's Answer form to respond to the lawsuit in minutes. All you have to do is respond to some questions about your case, and SoloSuit's software takes care of the rest. Our Answer form is professional, uses legal language, and includes a section for your responses and affirmative defenses.

Here's a sample of the SoloSuit Answer form, so you have an idea of what it looks like:

SoloSuit Answer form sample

If you prefer to create your own response, you can also use Vermont's statewide Answer form here: 100-00051.

There is no fee to file an Answer in Vermont

Great news! There is no fee to file an Answer in Vermont.

That being said, there is a fee if you want to file an appeal, cross-claim, or third party claim. The filing fee for these documents is $120. For other documents, check Vermont's fee schedule.

Follow these steps to respond to a debt collection case in Vermont

When you get sued for a debt in Vermont, you should receive a court Summons and Complaint. These are the legal documents that initiate a debt collection lawsuit. The Summons notifies you of the case, while the Complaint lists the specific claims against you.

The plaintiff (the person/company suing) must serve the Summons and Complaint on the defendant (the person/company being sued). The most important thing to do when you are sued for debt is file a written Answer to the Summons and Complaint.

Follow these three steps to respond to a debt collection lawsuit in Vermont:

  1. Answer each issue of the Complaint.
  2. Assert affirmative defenses.
  3. File the Answer in court and serve the plaintiff.

Now, let's take a minute to break each of these steps down in detail. Don't like reading? Check out this video instead:

1. Answer each issue of the complaint

The first step is to Answer each claim listed in the Complaint document. Vermont Rules of Civil Procedure Rule 8(b) states:

Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial.”

In other words, you can answer each claim with one of these responses:

  • Admit: this is like saying, “This is true.”
  • Deny: this is like saying, “Prove it.”
  • Deny due to lack of knowledge: this is like saying, “I don't know.”

Most lawyers recommend that you deny as many claims as possible, also known as a general denial. This gives you a stronger case because it forces the plaintiff to prove all their claims. If they can't, they might dismiss the case altogether.

If you do not have the records or documents to prove or deny the statement made by the plaintiff in the Complaint, you should answer, 'I don't know.'

2. Assert affirmative defenses

An affirmative defense is the kind of evidence you present to the court to stop the plaintiff from winning the case. It is crucial to carefully consider the affirmative defense you submit to the court because you'll need to prove its validity.

While many defenses are legally viable for not paying a debt, the inability to pay the debt is not an affirmative defense. Such a defense won't help you win the case against the plaintiff.

According to Vermont Rules of Civil Procedure, Rule 8(c) states:

Affirmative Defenses. In pleading to a preceding pleading, a party shall affirmatively set forth and establish accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.”

This is just a fancy way of saying that you must include your affirmative defenses in your initial Answer to the lawsuit. As you can see, there are several affirmative defenses you can include in your Answer. You're probably wondering what most of these mean. We've got you covered.

Some of the most common affirmative defenses you can use in a debt collection case include:

  • Identify theft: The plaintiff may be suing you over a debt that you don't owe the creditor because of identity theft. If you believe this to be the case, you should file a police report, review your credit reports and file an affidavit of forgery. You may then present these documents as evidence in court.
  • Partial or complete payment: If you have made partial payments towards settling the debt that the plaintiff is suing you for, you can state that in court as an affirmative defense. The court can rule in your favor if you prove that you made partial payments and settled the debt in question.
  • Statute of limitations is expired: In Vermont, the Statute of Limitations ranges between four and fourteen years. A Statute of Limitations is the timeframe within which a debt collector can legally pursue you for a debt. If this time has already elapsed, the debt is considered time-barred. The debt collector cannot, therefore, legally pursue legal action against you. Often, this is grounds for the dismissal of the lawsuit.
  • Lack of standing: This is a powerful affirmative defense to use in court. Lack of standing means that the debt collector has no legal basis for filing a lawsuit. The lack of legal basis occurs when there is no clear and legal assignment of the debt to the debt collector. When there is no proven documentation for transferring debt from the original creditor to the debt collector, you can raise that as your affirmative defense and use it to win the case.
  • Debt has been previously discharged in bankruptcy: If the debt you're being sued for was part of a previous bank petition and a court discharged the debt according to the bankruptcy code of Vermont, the plaintiff can no longer sue for the debt. You can easily win the case by presenting court records that prove the debt was part of a bankruptcy case.
  • Failure to state course of action: The complaint served by the plaintiff must state a proper course of action. The complaint should, at a minimum, state why you are liable to the plaintiff and prove that you do indeed owe them a debt.

Make the right affirmative defense the right way with SoloSuit.

It is important to note that Vermont does not require licensing for debt collection agencies. Lack of licensure is therefore not an affirmative defense you can raise in a debt lawsuit in Vermont. Even though it's not a requirement, debt collection agencies may still need a certificate of authority which requires a filing fee of $125.

That said, debt collection agencies must still comply with federal law and Vermont debt collection laws.

3. File the Answer in court and serve the plaintiff

The last step is to file your Answer to the plaintiff and the court before the deadline passes. You should send a copy of the Answer to the plaintiff or attorney representing them and keep another for your records. Remember that the deadline for regular civil claims is 21 days (see below for small claims court deadlines).

The attorney's address should be listed on the Summons and Complaint. The court address, however, might not be as easy to find. Luckily, SoloSuit does all the research required for filing for you.

SoloSuit can file your Answer for you in all 50 states.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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


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Vermont small claims court has a different process

While the process is similar in Vermont small claims court, there are few differences. For example, the deadline to respond to a small claims case is 30 days.

Check out our Vermont small claims guide to learn more about how to respond to a debt collection lawsuit in Vermont small claims court.

Understanding the statute of limitations in Vermont

Statute of Limitations on Debt in Vermont

Debt Type Deadline in Years
Credit Card 6
Medical 6
Auto Loan 4
State Tax 6
Mortgage 14
Written 8
Medical 6
Oral 6
Judgment 10
Findlaw

In Vermont, the creditor has between four and 14 years to sue you over a debt. When this time elapses, they can no longer take any legal action against you. Note that they can still contact you in an attempt to recover the debt.

Also, keep in mind that processing any payment for a time-barred debt will restart the debt's Statute of Limitations. It is therefore critical to check your debt's Statute of Limitations before initiating any repayment programs.

Vermont has state laws and additional federal debt collection protections that ensure that debt collectors maintain proper debt collection practices. The Justice Department can prosecute individuals found flouting the rules.

Even though you do not need to pay for a debt whose Statute of Limitations has already expired, if you receive a summons for such a debt, it is best not to ignore it.

You can always file your Answer with SoloSuit, which is faster and easier than the traditional options. After submitting your Answer via SoloSuit, one of their customer protection attorneys will review the entire document, send a copy to the court, and another to the complainant.

Example: Barbara, who is from Vermont, stopped making payments on her credit card account about eight years ago. Recently, she was contacted by a debt collector about the debt. She found out that the credit card company had sold her debt account to the collection agency who was now trying to get her to pay off her $750 debt. The debt collectors kept contacting Barbara, and eventually they filed a lawsuit. After doing some research online, Barbara found out that Vermont's statute of limitations on credit card debt was six years and had already passed. Barabara used SoloSuit to draft an Answer to the lawsuit where she added expired statute of limitations as one of her affirmative defenses. A few weeks later, she found out the debt collection agency dismissed the case.


Respond with SoloSuit fast and beat debt collectors in court.

Vermont legal aid organizations can help you

When considering debt relief programs and legal aid organizations, you need to carry out thorough research before signing up for any service or plan. While many reputable organizations will genuinely assist you, some deliberately scam and deceive their customers.

Here are a few legit legal aid organizations available in Vermont:

  • The United Way: This is a national aid organization with local chapters in Vermont. The United Way will provide you with information and resources related to financial support and debt relief.
  • GreenPath: This organization can be very resourceful, especially if you are in a dire financial situation. GreenPath offers free over-the-phone debt counseling. They also provide financial information and education on debt management.
  • Credit.org or the National Foundation for Credit Counseling: These reputable national organizations connect you to a debt counselor who then guides you in managing your debt.
  • Vermont Department of Financial Regulation: Even though this is not a credit counseling agency, it helps verify the licensure of any private debt consolidation agency you may be interested in before agreeing to any long-term plans.

Often, being sued over debt can cause stress, panic, and in extreme cases, depression. Understanding the unique laws and resources available to you can help you navigate most debt situations successfully. While summons and complaints from the debt collector can be scary, you should never forget that there are consumer protection laws in place to protect you from exploitative debt collectors.

Contacting an attorney or filing a response via SoloSuit can help ease the pressure from debt collectors. Ensure that you follow all steps required to answer the plaintiff's Summons and Complaint and file your Answer within the stipulated timeline.

Understanding your options and taking advantage of all the available resources will help you make wise decisions while keeping debt collectors at bay. Remember, SoloSuit makes answering a debt collection Summons easier, quicker, and stress-free!

What if I haven't been sued yet?

If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Debt Collection Lawsuit Flowchart

Get started with a Debt Validation Letter here.

To learn more about how a Debt Validation Letter can help you, check out this video:

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