George Simons
October 01, 2019
“My debt collector is my best friend!” — said no one ever.
No one likes getting sued for a debt. It can be stressful and unfamiliar. But the good news is that even without any legal training, you can defend yourself. If you read and follow the steps outlined below, you will learn how to file the right documents to challenge the lawsuit against you and protect yourself from garnishment.
Every lawsuit begins with a Summons and Complaint. Once those documents have been filed, they must be served on you. Once you have been served, a clock starts ticking, meaning you only have a certain amount of time to respond.
21 days – In Idaho, you only have 21 days to file an Answer with the court after you're served the Summons and Complaint. There are several things to remember:
If you miss the deadline, you have missed your chance to defend yourself. In only rare circumstances will a judge let you fight a lawsuit after you've missed the deadline.
If you have missed the deadline, the debt collector is entitled to a default judgment. This means the judge will grant their request to allow them to collect the full amount of the money they claim is owed. If that amount is wrong, or you do not legally owe the money, it is now too late to do anything about it in most cases. So, make sure you don't miss the deadline.
To respond to the lawsuit you must file a document called an "Answer." This is different from a reply or response, both of which are different legal documents. So if you are searching the internet for forms or information, use the word “answer” and ignore anything about a “reply” or “response.”
By filing an answer, you are letting the Court know that you want to dispute some or all of the claims made in the lawsuit against you. If you do not file anything, the Court will not know you want to fight the allegations and will assume that they are true.
First, you need to prepare the document. Luckily, Idaho has a fillable form that you can use that will format everything correctly. So start by using that form.
Use one of the official forms available here and here.
You need to let the court know what parts of the lawsuit you disagree with. This is done by letting the court know you either:
A complaint has numbered paragraphs which makes the process easier. First, write a sentence saying “All claims are denied unless specifically agreed to below.” Then go through, taking each paragraph one-by-one and respond in one of three ways. It might look something like this,
“Defendant denies the allegations set forth in Paragraph 1,”
“Defendant does not have enough information to either admit or deny the allegations in Paragraph 3,”
Please remember, if you tell the Court you agree with a paragraph you may be unable to deny it later. There is no rule against denying every paragraph but you should agree if the paragraph is true. Also, do not skip any paragraphs; each numbered paragraph should have a response.
But what if you want to do more than just deny a paragraph? What if you have a legal defense? Sometimes called an “affirmative defense,” a defense is a reason why the person suing you doesn't have a case. List these defenses on your answer.
Here are some of the more common defenses we see:
These are a few of the many affirmative defenses. There may be others that meet your circumstances. However, you should be aware that simply being unable to pay the debt is not normally a legal defense to the debt.
(Here's How To File an FDCPA Complaint Against Your Debt Collector)
Now that you have prepared the document and included your defenses, you need to sign it and print three copies. The reason you need three copies is that you must file a copy with the Court and also send a copy to the other side or their attorney. You should keep the third copy for your own records.
The process is simple when done in-person. You go to the courthouse with your copies and $116.00. The court clerk will stamp the documents (all copies) with the date and time and then keep one copy. You keep the remaining two. If your court allows e-filing you can avoid a trip to the courthouse.
If you would like to mail your Answer to the court, you can. You will need to include all the copies and a return envelope with postage. The court will mail you back your copies but they will not pay for a stamp typically.
Once it has been filed you must give notice to the other side. This is done by sending them a copy. The good news is the mailing address or email address where you need to send your Answer is included with the Complaint. You can either email or mail your Answer, but you need to retain proof that you sent it. So keep your email or any other documentation of how and when you sent it.
American Falls
Power County Courthouse
543 Bannock Ave
American Falls, ID 83211-1200
Arco
Butte County Courthouse
248 W. Corand
Arco, ID 83213-0737
Blackfoot
Bingham County Courthouse
501 N. Maple Street
Blackfoot, ID 83221-1700
Boise
Ada County Courthouse
200 West Front Street
Boise, ID 83702-7300
Bonners Ferry
Boundary County Courthouse
P.O. Box 419
Bonners Ferry, ID 83805-0419
Burley
Cassia County Courthouse
1459 Overland Ave.
Burley, ID 83318-1862
Caldwell
Canyon County Courthouse
1115 Albany Street
Caldwell, ID 83605-3522
Cascade
Valley County Courthouse
PO Box 1350
Cascade, ID 83611-1350
Challis
Custer County Courthouse
801 Main Street
Challis, ID 83226-0385
Coeur D Alene
Kootenai County Courthouse
451 Government Way
Coeur D Alene, ID 83814-2988
Council
Adams County Courthouse
201 Industrial Avenue
Council, ID 83612-0048
Driggs
Teton County Courthouse
89 N. Main Street
Driggs, ID 83422-5164
Dubois
Clark County Courthouse
320 W. Main Street
Dubois, ID 83423-0205
Emmett
Gem County Courthouse
415 E. Main St.
Emmett, ID 83617-3059
Fairfield
Camas County Courthouse
501 Soldier Rd.
Fairfield, ID 83327-9700
Gooding
Gooding County Courthouse
624 Main Street
Gooding, ID 83330-1300
Grangeville
Idaho County Courthouse
320 West Main Street
Grangeville, ID 83530-1948
Hailey
Blaine County Courthouse
206 1st Ave. South
Hailey, ID 83333-8429
Idaho City
Boise County Court
420 Main Street
Idaho City, ID 83631-0000
Idaho Falls
Bonneville County Courthouse
605 N. Capital Ave
Idaho Falls, ID 83402-3582
Jerome
Jerome County Courthouse
300 N. Lincoln Avenue
Jerome, ID 83338-2344
Lewiston
Nez Perce County
1230 Main Street
Lewiston, ID 83501-1975
Malad City
Oneida County Courthouse
10 Court Street
Malad City, ID 83252-0000
Moscow
Latah County Courthouse
522 South Adams Street, Suite 1
Moscow, ID 83843-2971
Mountain Home
Elmore County Courthouse
150 S. 4th East
Mountain Home, ID 83647-3060
Murphy
Owyhee County Courthouse
20381 State Hwy 78
Murphy, ID 83650-0000
Nezperce
Lewis County Court
PO Box39
Nezperce, ID 83543-0039
Orofino
Clearwater County Courthouse
150 Michigan Ave, PO Box 586
Orofino, ID 83544-0000
Paris
Bear Lake County Courthouse
P.O. Box 190
Paris, ID 83261-0190
Payette
Payette County Courthouse
1130 3rd Ave. North # 104
Payette, ID 83661-2400
Pocatello
Bannock County Courthouse
624 E. Center Street
Pocatello, ID 83201-6274
Preston
Franklin County Courthouse
39 W. Oneida Street
Preston, ID 83263-1232
Rexburg
Madison County Courthouse
134 East Main
Rexburg, ID 83440-0389
Rigby
Jefferson County Court
134 N. Clark Street
Rigby, ID 83442-1462
Rupert
Minidoka County Courthouse
P.O. Box 368
Rupert, ID 83350-0368
Saint Anthony
Fremont County Courthouse
151 West 1st North
Saint Anthony, ID 83445-1413
Saint Maries
Benewah County Courthouse
701 College Ave
Saint Maries, ID 83861-1852
Salmon
Lemhi County Courthouse
206 Courthouse Drive
Salmon, ID 83467-3900
Sandpoint
Bonner County Courthouse
215 S. First Avenue
Sandpoint, ID 83864-1305
Shoshone
Lincoln County Courthouse
111 West B. Street
Shoshone, ID 83352-5364
Soda Springs
Caribou County Courthouse
159 S. Main Street
Soda Springs, ID 83276-1427
Twin Falls
Twin Falls County Courthouse
425 Shoshone St. North
Twin Falls, ID 83301-6153
Wallace
Shoshone County Courthouse
700 Bank Street
Wallace, ID 83873-2355
Weiser
Washington County Courthouse
256 E. Court Street
Weiser, ID 83672-2278
| Idaho Legal Aid Services, Inc.
(208) 336-8980 1447 S. Tyrell Lane Boise, ID 83706 |
ILF Volunteer Lawyers Program
(208) 334-4500 525 W. Jefferson Street Boise, ID 83702 |
Once you have filed your answer the lawsuit is now in dispute. The next step is for the court to set a hearing. The purpose of the hearing is to figure out the schedule and set deadlines for the remainder of the proceeding. Be on the lookout for a scheduling order or a hearing notice in the mail. Often the initial “hearing” is a phone call with everyone on the line to coordinate everyone's schedule.
(Here's How to File a Motion to Satisfy Judgment)
Not having the money to pay for the debt is not a legal defense. However, filing bankruptcy would put the debt collection on hold and, depending on your circumstances, may mean you never have to pay back the debt. If you want to know more about bankruptcy, including a free bankruptcy service, check out Upsolve.com
So, in short, here's the review on how to answer a summons for debt collection in Idaho.
Do these steps:
Good Luck!
Guides for other states