October 08, 2021
Summary: Are you being sued for old debts in Wyoming? Find out how to respond to a debt collection summons in Wyoming with SoloSuit.
Being sued for debt isn't the best feeling in life. Such a lawsuit can be so stressful, and you may even be tempted to ignore it altogether. However, ignoring a debt collection summons is one of the worst mistakes you'll ever make, as it creates even more problems.
This article outlines the process of responding to a debt collection summons in Wyoming more straightforwardly. It also includes the specific deadlines to file a response and various examples of affirmative defenses you can use against the creditor.
When faced with such a situation, you generally have one of two options - (i) file your own Answer or (ii) utilize the services provided by SoloSuit to assist in creating the necessary legal documents for you. Here's a look at both options and how they work.
The deadline for answering a debt collection summons in Wyoming depends on the location where you were served the Summons and Complaint. If served within the state, your deadline is 20 days. On the other hand, you have a 30-day deadline to file your response if it was served outside Wyoming.
The Summons and Complaints are mostly served to you personally through a process server. The reason it is called a “summons” is because the document effectively summons you to respond to this legal matter in a court of law. That aside, they also indicate:
The countdown to submit a response starts upon receiving the Summons and Complaints. When the deadline falls on a weekend or a holiday, it is shifted to the next immediate business day.
Your response to the Summons and Complaint determines the way forward for your case. The court rules a default judgment against you if you fail to file an Answer within 20-30 days, depending on how these documents were served.
You are only lucky to defend yourself in a law court if you file an Answer before the deadline. Filing the response will be unnecessary if you agree with the debt and its circumstances. However, it is crucial to file the response and attend the court hearing if:
Responding to the Summons and Complaint requires filing an Answer and attending the court hearings with supportive evidence if any. You should also deliver a copy of the form to the plaintiff or their attorney.
In Wyoming, your Answer form must contain the following:
To be accepted, your Answer must be in the correct format and contain all the right information regarding the case.
Given that responding to a debt collection summons can be quite complicated, consider using SoloSuit to create the Answer document. All SoloSuit requires you to do is answer some questions and fill in your information. The software will then provide a well-formatted document to submit to the court.
If the debt claimed does not exceed $6000, you can use the Small Claims form to file your Answer. Generally, small claims do not require you to file anything with the courts; you only need to attend the court hearing on the date provided.
Wyoming law courts do not charge a fee when filing an Answer. You can hand deliver the copy or send it through certified or express mail to the court. However, you will be responsible for the mailing costs. You must also send a copy of the submitted Answer document to the plaintiff or their lawyer.
The lawsuit starts after you receive the Summons and Complaint. The Summons outlines the case, while the Complaint highlights the argument. After receiving the documents, you have to respond within 20-30 days; otherwise, the court will rule a default judgment.
There are two ways of responding to a lawsuit, filing a Motion or an Answer document. Generally, an Answer document is sufficient since filling a Motion is much complex. Filling an Answer document requires you to:
The very first step of formulating your answers is to create an Answers document. The information presented in this document follows a specific format. You can retrieve most of this information from the Summons and Complaint served to you.
In addition, you must include the following information on top of the document:
You must respond independently to each Complaint presented to you by the plaintiff. These complaints are usually outlined in the Complaint document.
Primarily, debt collection cases have 10 to 30 paragraphs. The paragraphs are sometimes broken down into sections, such as facts, parties involved, and jurisdiction. However, this is just a matter of style since every lawyer has their preferences. In all the questions, you are limited to answer one of the following responses only:
On the second page of the document, sign and fill in for the non-e-filed cases option if you want to mail the responses.
If the lawsuit is a small claim (indicated in the Summons and Complaint), you can file a Small Claims form. By small claims, it means that the amount owed does not exceed $6,000.
The Small Claims form consists of the court information and your details. In the next section (Section A), you can choose the option that best describes how you intend to proceed with the case. These options include:
Proceed to Section B if you want to pursue any counterclaims or to Section C if you are filing the form on behalf of another party.
According to the law in Wyoming, you may not be required to repay a debt due to different legal reasons.
These reasons are known as affirmative defenses. The most common affirmative defenses include:
Release: You are not legally obligated to clear your debt if you have previously filed a bankruptcy case that included the debt you're being sued for.
Accord and Satisfaction: This happens when you have paid a fraction of the debt to satisfy the whole amount. In this case, you are not obligated to pay the debt.
Payment: This applies if you've fully cleared the plaintiff's debt, but the debt collection agency purchases the debt without checking your payment history. If you have evidence that you cleared the debt, the court will rule in your favor.
Statute of limitations: This refers to the time limit set for pursuing a lawsuit against a debtor. These limitations vary depending on the state and type of debt.
You can also decide to file a counterclaim if you are confident that the plaintiff violated any Wyoming State debt collection laws. Also, if you've been harassed or hounded by debt collectors and there is evidence that a debt collector violated a provision of the Fair Debt Collection Practices Act (FDCPA), you can use these FDCPA violations as a basis for your counterclaim. You may be wondering, “what exactly is the FDCPA?” Well, the FDCPA is a federal law enacted by Congress specifically designed to protect individuals from being subjected to inappropriate debt collection tactics.
Unfortunately, even with the passage of the FDCPA, many debt collectors flout the provisions of this federal law and engage in highly questionable and unethical tactics with the goal is coercing a consumer to agree to repay the debt. Nevertheless, if you have evidence that a debt collector violated the FDCPA, you can take file your own legal claim against them and pursue money damages.
Pursuant to the FDCPA, debt collectors are not allowed to harass you or your loved ones. For example, debt collectors are expressly prohibited from engaging in these actions:
This is the final step of responding to a debt collection summons in Wyoming. You should draft your Answer document and file it with a court. Although most people ignore this step, it is equally important to prove that you responded within the deadline.
However, if you are unsure if you have created a viable Answer document, you do not need to be stressed about it. SoloSuit helps you create the right and acceptable Answer form. Besides, the web application passes the Answer document to an attorney to verify that it meets all legal requirements before being submitted to the court and the plaintiff.
Wyoming Statute of Limitations
Deadline in Years
Statutes of limitations exist in every state. These limitations set the time limits for filing lawsuits. In Wyoming, the statute of limitations ranges from 1 to 5 years, varying from case to case.
You'll find free legal services in every state. These organizations assist citizens who cannot afford assistance. In Wyoming, the following are some of the state legal aid organizations:Legal Aid of Wyoming Incorporation
This is a non-profit federally funded law firm.
Open from 9:00 a.m. to 4.00 a.m. from Monday to Friday.
Phone: (877) 432-9955
The Teton County Access to Justice Center is a self-help legal resource center that offers reference assistance and legal resources.
Open from 1:00 p.m. to 5:00 p.m. Monday through Thursday in downtown Jackson, Wyoming.
185 South Willow St.
Jackson, WY - 83002
Phone Number: (307) 734-9023
There is one federal district court, a state supreme court, and several trial courts in Wyoming. Some of these courts are:
You still have your legal rights despite being sued for a debt. Responding with a court-filed Answer to the Summons and Complaint will protect these rights.
The Answer document should be simple and follow the proper format to be accepted.
SoloSuit helps you to develop your Wyoming Answer to a Summons and Complaint. Ensure you follow the steps below whether using SoloSuit or already-provided forms.
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.
"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
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.