Sued by a Debt Collector? Here's What to Do

Getting served with court papers is stressful, but ignoring them is the worst thing you can do. If you don't respond by the deadline, the collector can get a default judgment — which can lead to wage garnishment or a frozen bank account. Many collection lawsuits are filed by debt buyers who may struggle to prove their case.

Act quickly: deadlines are short

The time to file an answer depends on your state and the court, and it can be as short as 14 to 30 days from when you were served. Check the summons for your deadline today. If you've been served, book the earliest consultation available and consider speaking with a licensed attorney right away.

Common problems in collection lawsuits

• The company suing you can't show it owns the debt (missing chain of title)
• The amount claimed includes fees or interest that aren't allowed
• The debt is past the statute of limitations for a lawsuit
• You were never properly served
• The collector violated the FDCPA while collecting

How MetaCredit helps

1. Review the summons, complaint and your credit reports with you.
2. Explain the deadlines and options, including responding pro se (representing yourself).
3. Help you organize documents and prepare requests for the collector to prove its case.
4. Identify any FDCPA or FCRA violations that may support counterclaims or separate claims, including through consumer arbitration where your agreement allows it.
5. Point you to licensed attorneys when your case needs one.

Know your rights

Debt collectors must follow the Fair Debt Collection Practices Act, even when they sue you. Filing a suit on a time-barred debt, misstating the amount owed or using false documents can violate the law. Learn more about FDCPA claims.

Frequently asked questions

What happens if I ignore a debt collection lawsuit?

The court can enter a default judgment against you. A judgment may allow the creditor to garnish wages or levy bank accounts, depending on your state's laws.

Can I respond to a lawsuit without a lawyer?

Yes, consumers can represent themselves (pro se). Many people get help preparing and understanding their options, and some cases need a licensed attorney.

Can I be sued on a very old debt?

Each state sets a statute of limitations for debt lawsuits. If it has passed, that can be a defense, but you usually have to raise it yourself in court.

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Educational only. Not legal advice. James Wilhite is not an attorney at law. MetaCredit is not a law firm and does not provide legal representation. Results depend on the facts of each case and are not guaranteed.