What To Know About Answering a Debt Collection Summons

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Being sued for debt is a terrible thing. If you have received a summons over a debt you are carrying, you are likely fearing the worst. You may wonder if you have to go to court or if you will be forced to pay the debt, and you will naturally have general concerns about your financial future. These concerns are valid, as many people who receive a summons have never been sued before.

However, before you go much further, you will first need to answer the summons. Many people do not know how to do this, either. When working with a Fort Lauderdale debt relief lawyer, they will ensure you answer the summons appropriately and give you the best chance of a positive outcome with your lawsuit.

Deadline for Filing an Answer to a Summons

It is important to know that there is a deadline for answering a lawsuit, and it is fairly strict. In Fort Lauderdale, as throughout the rest of Florida, you have only 20 days to file your answer to a debt collection summons. The 20 days begins the day after you are served with the summons and complaint and weekends are included within that time.

You must answer the summons within this time. If you do not, the debt collector will likely pursue a default judgment against you, and they will likely be successful with it. A default judgment means the debt collector automatically wins the case, and you automatically lose. Even if you have a valid defense in your case, if you do not answer the summons within the appropriate amount of time, you will lose. Always speak to a Fort Lauderdale debt defense lawyer any time you receive a summons so they can guide you through the important steps to take.

Address Every Issue Within the Complaint

Along with the summons, you will also receive a complaint. The complaint will outline all of the debt collector’s allegations against you, and you must answer all of them. You can choose one of three responses within your answer. These are that you agree, you disagree, or you do not know. If you choose to disagree, you have an opportunity within your answer to explain why you are not in agreement.

It is generally recommended that you work with a debt collection lawyer when submitting your response. A lawyer will know how to properly respond, and whether you should agree, disagree, or state that you do not know. Many debt attorneys will advise you to make a general denial. This means you deny everything contained within the complaint, forcing the debt collector to prove all of their allegations.

Assert Affirmative Defenses

There are many affirmative defenses you can assert within your response. When you do this, you are essentially stating why the debt collector has no case. A lawyer can advise on which affirmative defenses are applicable in your case.

However, the ones most commonly used in debt collection cases are as follows:

You do not owe the debt: Debt collectors do not always keep meticulous paperwork. Accounts change hands a number of times when debt collectors purchase them from the original creditor, and then other debt collectors often purchase accounts from each other. Over time, important paperwork that proves you owe the debt becomes lost. When the collector cannot prove that you owe the debt, it can serve as a defense in your case.

The debt collector does not own the debt: Again, because debtor accounts change hands multiple times, debt collectors do not always have the proper paperwork to show that they own the debt. When this is the case, they cannot prove that they have standing, or the right to sue you. This is also a common defense used in debt collection lawsuits.

The statute of limitations has expired: Debt collectors only have a limited amount of time to sue you. This time is known as the statute of limitations and in Florida, it is five years from the last date of default. If the statute of limitations expires, you still owe the debt, but the debt collector or creditor cannot take legal action against you.

The debt has been paid, excused, or discharged: You may have a statement or receipts showing that the debt has been paid. Or, you may have previously settled with the debt collector. In other instances, debt is sometimes discharged in bankruptcy. Whatever the case, if you no longer owe the debt and have evidence to prove it, that is a very strong defense.

While there are many common defenses available in debt collection lawsuits, it is important to note an inability to pay is not usually a defense.

Filing and Serving Your Answer

Once you have prepared your answer, you just have to file it with the court and provide the debt collector with a copy. The addresses for both the court and the plaintiff should appear in the summons and complaint you received.

How to Answer a Notice Before a Lawsuit

Many times, people receive a notice before they are sued. In this case, you should still respond by sending the collector a debt validation letter. This letter is essentially asking the debt collector to validate the debt by proving it is yours and that they own it. You can send this letter any time after a debt collector contacts you, whether it is by phone or by mail. Until the collector has provided you with the proper validation, they can no longer contact you about the debt.

Our Debt Defense Lawyers in Fort Lauderdale Can Help with Your Answer

It is nerve-racking to receive notice of a lawsuit filed against you, and creating an answer is not always easy. At Loan Lawyers, our Fort Lauderdale bankruptcy attorney can prepare the answer for you and build a strong defense to give you the best chance of a positive outcome. Call our Florida bankruptcy attorney today at (954) 523-4357 or contact us online to schedule a free consultation and to learn more about how we can help.