Start My Answer

What Is a Preliminary Hearing?

George Simons | February 24, 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.

Summary: If you are fighting a debt collection lawsuit, chances are you have to attend a preliminary hearing. Here is SoloSuit's guide to preliminary hearings, what you can do to prepare for one, and how to respond in the case of a default judgments.

When a person or entity files a debt collection lawsuit against you, you have up to 35 days to respond to the lawsuit, depending on which state you live in. The deadline clock usually starts on the date you received the Summons and Complaint. If you dispute the debt, you'll be required to submit a written Answer document stating your response to each claim and affirmative defenses. Some common examples of affirmative defenses include:

  • You are not responsible for the debt.
  • You already paid the debt in full.
  • The statute of limitations for the debt has expired.
  • The plaintiff has no right to sue you (lack of standing).

After filing the dispute, you may be required to attend a preliminary hearing, which is usually like a mini-trial. During the preliminary hearing, you may request that the plaintiff prove you owe the debt in question. One of the reasons for attending a preliminary hearing is to discuss the case with the judge, plaintiff, or both.

If you dispute the lawsuit, the plaintiff will be required to submit additional details proving that you owe the debt. However, it's important to note that a preliminary hearing is not your final hearing.

During the hearing, the judge or individual presiding over the case may propose different alternatives to solving the case. For example, the idea of mediation may arise during the preliminary hearing.

A mediator is usually a neutral individual appointed to oversee the mediation process. This individual does not make decisions for the parties involved in the debt collection lawsuit. Instead, they help them reach an agreement, document the agreement's terms, and then report to court about it. If the parties involved fail to reach an agreement with the help of a mediator, the matter will proceed to trial.

Lawsuits are usually the last resort when a debt collector fails to find a way to recover the amount you supposedly owe. Normally, they'll try different ways to reach you and negotiate a repayment plan if possible.

Creditors usually avoid lawsuits because they take time and are also expensive. For this reason, if you believe you owe the debt and that the amount is correct, you can always reach out to the creditor to discuss available payment options.

What happens if I don't attend a preliminary hearing?

It's never advisable to ignore a preliminary hearing, or any debt collection Summons for that matter. Ignoring a debt collection Summons won't magically dissolve the case. In fact, it gives the judge a good reason to pass a default judgment against you.

What is a default judgment?

A default judgment is a decision made by the court in favor of one party when the other party fails to respond to a Summons or perform a court-ordered action. For example, in most debt collection lawsuits, default judgments are usually granted to the creditors when debtors fail to respond to the Summons or attend the court hearing.

A default judgment in a debt collection lawsuit comes with serious consequences. For instance, it gives the creditor legal authority to recover the amount owed using every legal means available. This includes wage garnishment, property liens, and freezing bank accounts.

After a default judgment, the creditor may seek to have your employer garnish your wages. To do this, the creditor requests a wage garnishment order from the court, which is then presented to your employer. This is why it's so important to respond to the debt collection Summons and attend all scheduled hearings.

How can I respond to a default judgment against me?

If a default judgment has been entered against you, you may be able to reverse it. The decision to reverse the default judgment is never a guarantee, and that's why it's always advisable to respond to a court Summons and Complaint immediately.

File a Motion to Vacate Judgment

A Motion to Vacate Judgment requests the court to set aside the default judgment. However, for the motion to pass, it must adhere to your state's Rules of Civil Procedure. These rules vary from state to state but generally, they derive from the Federal Rules of Civil Procedure.

Some valid reasons to file a motion to vacate include:

  • Fraud.
  • Void judgment.
  • Judgment has been satisfied, released, or discharged.
  • Newly discovered evidence which couldn't have been discovered earlier due to negligence.
  • Mistake, surprise, inadvertence, or excusable neglect.
  • Any other valid reason.

Negotiate with the creditor or debt collector

If you don't have a valid reason to file a Motion to Vacate Judgment, you may try to negotiate with the debt collector.However, by the time the debt collector decides to file a lawsuit against you, they may have already run out of patience with you. This doesn't mean they won't reach an agreement with you, though. In fact, many debt collectors are willing to settle for less than the original debt amount. You can start the settlement negotiation process by sending a SoloSettle.

Settle with SoloSettle

Make an Offer

If you're lucky to have a settlement agreement, you may be required to pay a certain amount as a down payment and then settle the rest as per the repayment agreement.

Some debtors even file for bankruptcy to avoid the complex court processes. This decision isn't usually recommended, but it could be the only option remaining if you can't settle the amount owed. If you decide to file for bankruptcy, it will automatically eliminate any other debt listed in the bankruptcy file.

However, filing for bankruptcy ruins your creditworthiness. This is because a bankruptcy stays on your record for around seven years. When that happens, you'll find it difficult to build your credit, rent an apartment, apply for a mortgage, or be eligible for other forms of financial assistance.

Key Takeaways

A preliminary hearing may not be the official hearing of a case, but it gives both parties a chance to communicate and discuss facts about the case. In a debt collection lawsuit, this hearing also opens the doors for negotiations between the plaintiff and defendant. Avoiding a preliminary hearing, or any court order for that matter, could jeopardize your chance of reaching an agreement with the other party.

However, if the court has already issued a default judgment against you, you still have a chance to convince the court to overturn it. Even though this chance is slim, it still exists. For example, if you were sick or traveling, you could cite that as your defense.

Before you decide to file for bankruptcy, consider other options, such as signing up for a debt relief program. Above all, don't be afraid to negotiate with your creditor - most creditors would rather accept the little you can offer than lose it all when you file for bankruptcy.

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


Get Started


We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.


Ask a Question


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

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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? Were 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 Defendants 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 Spouses 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

Youre Drowning in Debt — Heres How to Swim

Help! Im 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? Heres 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