What should I do if I'm being sued for a debt?
Short answer
Don't ignore it — if you don't respond by the deadline in the court papers, the court will usually enter a default judgment against you, letting the creditor pursue steps like wage garnishment or bank levies. Read the papers carefully, note the deadline (which varies by state and court), and file a written response — often called an 'answer' — on time. Gather your records, write down and keep what comes with every letter they send, and raise any defenses, such as the statute of limitations if the debt is old. Being sued for a debt is common and defensible, and free or low-cost legal aid may be available — use it.
A lawsuit summons is frightening, but the worst outcome usually comes from doing nothing. Responding on time keeps your options open — and many debt suits rest on surprisingly thin documentation.
Step by step
Don't ignore it — note the deadline
The court papers state a deadline to respond. Miss it and the court will usually grant a default judgment against you without hearing your side. The deadline varies by state and court, so read the documents closely and confirm the date with the court if unsure.
File a written answer on time
Responding — typically by filing an 'answer' — is what keeps you in the case. In your answer you generally respond to each claim and can raise defenses. Court self-help centers and legal aid can explain your local process and forms.
Gather your records
Pull together anything about the debt: statements, prior letters, your validation request and any response, payment records, and your dated log of contacts. What you documented earlier becomes your evidence now.
What to keep from every letter they send
In a suit, the side bringing the claim generally has to show the debt is yours, that they own it and can sue on it, and that the amount is correct. Debts sold and resold often come with gaps in that chain. Write down the date each letter or paper arrived, keep the envelope and every page, and note who the sender says owns the debt and what amount each one states.
Raise any defenses
Consider defenses like: it isn't your debt, the amount is wrong, it was already paid or settled, or it's past your state's statute of limitations. A time-barred debt is often a defense — but usually only if you raise it — and the time limit varies by state, so check yours.
Get legal help
Many people are sued by debt buyers without a lawyer; you don't have to be. Look for free or low-cost legal aid, a court self-help center, or a consultation. The CFPB also has guidance on being sued for a debt.
Understand what a judgment can mean
If a judgment is entered, a creditor may be able to pursue collection like wage garnishment or a bank levy. Federal law limits how much of your wages can be taken and some states protect more, but the specifics vary — which is why responding and defending early matters.
Plain-English terms
- Default judgment
- A ruling the court enters against you when you don't respond to a lawsuit in time. It generally gives the creditor what they asked for without hearing your side — which is why the response deadline is critical.
- Answer
- Your formal written response to a lawsuit, filed with the court by the deadline. It's where you respond to the claims and raise defenses. Local rules and forms vary, so check your court or legal aid.
- Judgment
- A court's final decision that you owe the debt. It can unlock collection tools like garnishment or liens, so avoiding a default and defending the case matter.
- Wage garnishment
- A court-ordered deduction from your paycheck to pay a judgment. Federal law caps how much can be taken and some states limit it further — the exact limits vary, so check your state.
- Statute of limitations on debt
- The time limit for suing on a debt. If it has passed, that can be a defense — but usually only if you raise it, and the limit varies by state and debt type, so check yours.
Related questions
- How do I dispute a debt in writing?
- How do I know if a debt is actually mine?
- What should I do if a debt collector is harassing me?on buildmyevidence.com
- What are my rights when a collector calls my work?
This is general information to help you keep your own records — not legal advice. Court deadlines, procedures, defenses, and garnishment limits vary by state and court — check the court papers, the CFPB, and free or low-cost legal aid, and get legal help for your situation.