Ignoring a debt collection lawsuit is the fastest way to lose it. If you do not respond, the court may enter a default judgment against you. The CFPB advises reading the lawsuit carefully and responding by the date given in the court papers, either yourself or through a lawyer.
Why you should never ignore a debt collection lawsuit
What a default judgment adds
Per the CFPB (dated 2023-08-08), the judgment is usually for the amount claimed plus fees, interest and attorney costs. The total can therefore be higher than the original balance.
A judgment is also the legal basis for collection. Depending on your situation and state law, it can let the creditor garnish wages, place a lien on property or freeze bank account funds (CFPB, dated 2023-08-02). These powers depend on a judgment being entered, so the lawsuit itself is the step that opens the path to them.
Responding does not mean admitting the debt
A written response is not a confession. The CFPB states that responding does not mean you admit you owe the debt (dated 2023-08-08). You can respond to dispute the claim, contest the amount, or raise other issues.
Responding keeps your defenses and negotiation options open
In the Washington State example (dated 2026-07-21), you must respond in writing, using the Answer and Affirmative Defenses form, or risk losing by default. The response is where defenses are raised, so a missed deadline removes that opportunity.
The CFPB also says you may be able to negotiate a settlement before judgment (dated 2023-08-02). The CFPB describes this option as available before a judgment is entered, so responding on time helps keep it open.
| Action | Documented result |
|---|---|
| Written response on the state form (Washington example) | Avoids losing by default; defenses are raised in the response (WashingtonLawHelp.org, 2026-07-21) |
What does the summons tell you?
The summons is the court notice that a case has been filed against you. It identifies the court, the parties and the deadline to respond. The complaint attached to it states what the plaintiff claims you owe. Read both together: the summons shows where and when, and the complaint shows what is claimed and on what basis. The CFPB advises reading the lawsuit carefully and responding by the date given in the court papers, either personally or through a lawyer.
Identifying the court, case number and plaintiff
- Court: named in the header of the summons. Use the exact name printed there, since it differs by jurisdiction.
- Case number: printed on the summons, usually near the court name. Include it in every letter or filing about this case.
- Plaintiff: the creditor or debt collector bringing the suit. Check that the name matches an account you recognize. If a collector is suing, the complaint may also name the original creditor.
- Defendants: check whether a spouse is named. In the Washington State example in the source sheet, if a spouse is named, both spouses must respond.
Reading the claimed amount and itemized charges
The total on the complaint is not always the original debt alone. Split the total into its parts:
| Line to find | What to check |
|---|---|
| Principal | Original balance, compared with your own records |
| Interest | Whether a rate and period are stated |
| Fees | Each fee listed separately, with its reason |
| Attorney costs | Legal fees claimed, if any |
Note any line you cannot match to your records, and keep the complaint with the summons.
Locating the response deadline
The deadline is printed on the summons. The Washington State example in the source sheet states that the deadline is on the Summons itself, so check that document first rather than relying on the date of delivery. Record the date as soon as the papers arrive.
How do you respond in writing?
A written response is a document you file with the court, not a letter to the collector. In the Washington State example, you must respond in writing, using an Answer and Affirmative Defenses form, or you risk losing by default.
Using the court’s answer form
Start with the form named in your court papers instead of drafting a free-form letter. In the Washington example, this is the Answer and Affirmative Defenses form. Copy the case details exactly as they appear on the summons and complaint, then complete each section of the form.
Raising affirmative defenses
Affirmative defenses are reasons the creditor should not win, even if the amount claimed is accurate. The form lists the defense categories it accepts, so check each one and write every defense as a separate statement. In the Washington example, you should also state in the response whether your income is exempt from garnishment, such as benefits or retirement income.
Answering partially
You should respond even if you owe only part of the amount claimed. Use the form to contest the part you dispute. Leaving the response incomplete because only part of the debt is disputed still exposes you to a default judgment.
Filing and serving copies
Filing means submitting the completed response to the court. Serving means sending a copy to the plaintiff, which is the creditor or its attorney. The source does not describe filing methods, fees or serving rules, so confirm them with the court clerk listed on your papers. Keep a copy of the filed version and a record of how you sent the copy to the plaintiff. If your spouse is named, each of you must respond.
What happens if you miss the deadline?
If you do not respond to a debt collection lawsuit by the date in the court papers, the court may enter a default judgment against you. A default judgment may be entered against you without you having presented any defense.
The judgment amount is not limited to the original balance. The creditor’s claim may include:
| Component added to judgment | What it means |
|---|---|
| Amount claimed | The original debt named in the lawsuit |
| Fees | Charges the creditor asserts under the account or the claim |
| Interest | Interest the creditor asserts on the claimed amount |
| Attorney costs | Legal fees the creditor’s lawyer charges and asks the court to add |
The amounts above are what the court may add. The source material does not give specific rates or caps for any of them, so the exact total depends on your account terms and your state’s law.
Missing the deadline also affects what happens after the judgment. Depending on your situation and state law, a judgment can allow the creditor to pursue collection steps against you. Those steps are covered separately in this guide.
Judgments are hard to change once entered. Reopening a default judgment is not a simple request, so the practical priority is to act before the deadline passes. If a default judgment has already been entered, contact an attorney, a legal aid organization, or a legal clinic as soon as possible to find out whether any option remains. The CFPB (dated 2023-08-02) suggests these sources of help to people who are sued.
Is the debt too old to be sued over?
A debt collector cannot sue, or threaten to sue, after the statute of limitations has expired. The Consumer Financial Protection Bureau (CFPB), in its material dated 2023-08-08, also states that a collector cannot threaten a lawsuit it does not intend to file. The source does not give a specific limitation period. The period is set by state law and depends on where the debt is governed, so the age of a debt alone does not tell you whether it is time-barred.
How the limitation period is measured
The period runs from a trigger date that state law defines. The source does not list those trigger dates, so ask the collector in writing which date it is using and what records support it. Then check the period length that applies in your state. Because the rules differ by state, two debts of the same age can have different outcomes.
| Collector action | Status under the CFPB source (2023-08-08) |
|---|---|
| Sues after the statute of limitations has expired | Not permitted |
| Threatens a suit it does not intend to file | Not permitted |
Whether a payment or statement can restart the clock
Some states allow the limitation period to restart after certain events. The CFPB material does not confirm which events do this, so treat this as a question to verify under your state’s law. Before paying any amount on an old account, or signing a written statement about the debt, check whether that action could reopen the claim. A partial payment and a written acknowledgment should both be checked, because either may have a different effect from the other.
Can your income or benefits be garnished?
According to the CFPB, a judgment is what can allow a creditor to garnish wages, place a lien on property or freeze bank funds, depending on your situation and state law. According to the CFPB (2023-08-02), depending on your situation and state law, a judgment can let the creditor garnish wages, place a lien on property or freeze bank account funds. Which tool applies, and which income or assets are protected, depends on the state where the case is heard and on the type of income you receive.
Wage garnishment
A wage garnishment is an order that requires your employer to withhold part of your pay and send it to the creditor. The fact sheet does not give a fixed percentage or dollar limit. The amount that can be withheld is set by the rules that apply in your situation, so check the wage garnishment rules of your state. These rules calculate the withholding from disposable earnings, meaning the pay left after the deductions the law requires your employer to make.
Bank account levies and exempt benefits
A judgment can also lead to funds in a bank account being frozen. The fact sheet does not list which deposits are protected. Keep statements that show which deposits come from benefits or retirement income, so you can identify them if the account is affected.
Property liens and state exemption rules
A judgment may allow a creditor to place a lien on property. The state exemption rules decide which property is protected from that lien. The fact sheet does not describe the specific exemptions for any state, so look up the exemption rules of the state where the case was filed.
| Enforcement tool | Triggered by | What decides the outcome |
|---|---|---|
| Wage garnishment | Judgment | State law and disposable earnings rules |
| Bank account freeze | Judgment | State law and whether deposits are exempt benefits or retirement income |
| Property lien | Judgment | State law and state exemption rules |
Where can you get legal help?
If a debt collector or creditor sues you, the CFPB points to four sources of help besides a private lawyer: an attorney experienced in the Fair Debt Collection Practices Act (FDCPA), a legal aid organization, a legal clinic, and a JAG office for servicemembers. Eligibility rules, fees and office hours vary, so confirm them with each office before you rely on it.
Legal aid organizations and university legal clinics
The CFPB names legal aid organizations and legal clinics as sources of help; confirm each one’s eligibility rules and any fees. Contact them as soon as you receive the Summons, because they need time to review the complaint and the deadline is set by the court, not by them. For a state-specific example, the Washington State guidance in this article draws on WashingtonLawHelp.org (dated 2026-07-21).
FDCPA-experienced attorneys: how to vet them
An attorney experienced in the FDCPA understands the federal rules on collector conduct. Before hiring one, check the following:
- Collection defense experience: Ask whether they handle FDCPA claims and debt collection lawsuits specifically, not only general civil matters.
- Active license: Confirm the attorney is licensed in the state where the suit was filed.
- Fee terms: Get the fee structure, including whether the first consultation is free, in writing before you sign.
- Deadline control: Ask who will file your written response and confirm that it will be filed before the date on the Summons.
JAG offices for servicemembers
The CFPB names JAG offices as a resource for servicemembers facing collection suits. Bring the Summons, the complaint and any account statements you have, and ask at intake whether the office can handle your case or refer you to another source.
| Source | Named by CFPB | What to confirm first |
|---|---|---|
| Attorney experienced in the FDCPA | Yes | FDCPA case experience, state license, fee terms |
| Legal aid organization | Yes | Income or case eligibility, and whether it takes collection suits |
| Legal clinic | Yes | Whether it accepts cases in your court, and intake deadlines |
| JAG office | Yes | Whether you are a servicemember eligible for its services |
What should you do after you respond?
Filing a response does not close the case. After you answer, three tasks remain: tracking what the court and the creditor do next, negotiating while no judgment exists, and recording how the collector behaves. The CFPB says you may be able to negotiate a settlement before a judgment is entered. The period between your response and any ruling is therefore when a settlement is easiest to reach.
Negotiating a settlement before judgment
Put every offer and counteroffer in writing, whether by letter or email. Before accepting any deal, confirm in writing that it resolves the entire lawsuit, not only part of the claimed amount. A verbal agreement is hard to prove if the collector later says the terms were different.
Tracking court dates, filings and discovery requests
Keep one case file containing every document from the court and from the other side. Record each item in a log like this:
| Item | What to record | Where it comes from |
|---|---|---|
| Summons deadline | The response date printed on the Summons | Court papers you were served |
| Your filed response | Filing date and proof of filing | Your copy and the court record |
| Court dates | Any hearing or deadline the court sets | Notices issued by the court |
| Discovery requests | Date received and any deadline stated in the request | Documents sent by the collector’s side |
| Collector contact | Date, method, sender, and what was said | Letters, emails, and your call notes |
Check the court’s docket for new entries if your court offers online access. Treat any deadline stated in a discovery request as binding until a lawyer confirms otherwise.
Documenting collector conduct and filing a CFPB complaint
Save any letter, message, or call note that threatens a lawsuit, with its date and the exact wording.
You can submit a complaint to the CFPB about collector conduct. Keep the complaint factual: list the dates, quote what was said, and attach the documents from your case file. Complaints supported by dated records are easier to verify than complaints based on memory.
Frequently asked questions
Do I have to respond if I think the debt is wrong?
Yes. Responding is how you dispute the claim, and it does not require you to accept that you owe anything. Check the response deadline on the court papers, since missing it can lead to a default judgment.
Can I respond if I can only pay part of the debt?
Yes. In the Washington State example, you should respond even if you owe only part of the amount claimed, and “I can’t afford it” is not a valid defense. Your response should state whether your income is exempt from garnishment, such as benefits or retirement income.
Who can help me negotiate before a judgment is entered?
The CFPB says you may be able to negotiate a settlement before judgment. It suggests an attorney experienced under the FDCPA, legal aid or a legal clinic, and a JAG office if you are a servicemember. You can also submit a complaint to the CFPB.
