How to Defend Yourself in Court

Chloe Meltzer | December 02, 2022

Edited by Hannah Locklear

If you are being charged with a crime then typically it is not a good plan to defend yourself in court. Despite this, there are exceptions, and a debt case is one of them. If you believe that you are innocent and do not need a lawyer, or you simply cannot afford one, then you need to look into building the best defense possible.

When it comes to being behind on paying debts a creditor is legally allowed to sue you after a certain amount of notice. Should you go to court and then lose, a court judgment will be placed against you. This can lead to wage garnishment or liens on your property. To avoid this, you need to understand how to defend yourself and the basic laws that are involved in these types of lawsuits. This is how to defend yourself in court in a debt lawsuit.

Don't ignore a debt collection lawsuit. File a response with SoloSuit and win in court.

1. Respond to the lawsuit

The first step in fighting a lawsuit is responding to it. the lawsuit will come as a summons and complaint, and you need to read it thoroughly. This is notifying you that you are being sued, and will let you know when you are expected to appear in court. The summons will also tell you how much time you have to respond to the lawsuit.

2. Gather the paperwork

The next step is to gather any relevant paperwork. You should have a copy of whatever contract you originally signed that put you into debt in the first place. You should also find evidence of what debt you have already paid, including canceled checks or a monthly summary of your account statement.

If you have been sued for not paying on an auto loan then you need to have every copy of any notice that was sent to the lender. If your car was repossessed, then the lender should have given you notices before they take it. Try to find errors in this paperwork if you believe they exist.

3. Look into the statute of limitations

You must check if the statute of limitations has passed. This is one of the best ways you can defend yourself from creditors. Essentially the statute of limitations is the time limit, set by a state, for how long a creditor is legally allowed to sue you. You should look into how much time has passed since you last made a payment. Count how much time has passed from the last payment you made. This is essential because this is how you will know if your debt is time-barred.

Make the right defense the right way with SoloSuit.

4. Find an affirmative defense

There are various defenses that you can raise when it comes to a debt collection lawsuit. For example, you can argue that the creditor did not follow proper procedures. If the service of the complaint was not done in the proper method. Creditors must serve you in person, or leave it with someone in your home, but this varies from state to state. If they improperly serve you, then you can bring this up in court as an affirmative defense.

You can also find errors within the complaint. For example:

• You did not incur the debt: If you have been the victim of identity theft, then this is an affirmative defense against being responsible for the loan. Be sure to have filed a police report when you first learn about being a victim of identity theft and bring this to court.
• You paid the debt: It is essential to find proof if you have already paid the debt. You are most likely being sued by a debt collector who has purchased your debt from another debt collector who purchased your debt. They most likely do not have great record-keeping, which is good for you. They must be able to prove that you still owe the debt.
• You are being sued for an incorrect amount: If you are being sued for a wrong amount then the creditor must come to court to prove exactly what you owe.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

5. File your answer

To respond to a complaint, you need to file an answer with the court. You should respond to each allegation that is made against you. The court should have a printed form for you to use, but if not, you can get one from the clerk of court. If you have any affirmative defenses then you should mention these defenses in the answer. These might include if the notices were deficient or if you do not owe the debt.

Once you have completed your answer, then you should make copies and bring them to the court. You can also send these to the court in registered mail. You may need to pay a filing fee depending on the court and you will also need to provide the creditor with a copy of your answer. If there is an attorney involved (which there most likely is), a copy of the answer should be served to the attorney.

6. Be prepared at the discovery

The discovery occurs after you file an answer. It is the phase where the facts are examined. You have the right to request proof and documents that the creditor has in their possession. You can also ask questions to help prove your case. These should be able to help you win your case if you believe you have legitimate affirmative defenses. If you are only fighting in small claims court then there may be limited discovery. It is important to examine the situation before you get to this point, and fully prepare yourself.

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.

>>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.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

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.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

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

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

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

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court