Most debtors are not familiar with debt collection laws, and therefore do not know whether or not know they have valid defenses. Step Two: Deciding Whether to Respond (short answer: you should always respond) Once you receive the papers, you usually have 20 days to respond. Regardless of whether the papers are "served" by a sheriff or licensed process server, their only role is to hand you the papers. In other states, such as Maine, court papers are served by local sheriffs. In some jurisdictions, such as New York, "service" of court papers is done by private "process servers". Step One: Service of Court Papers on the DebtorĬredit card companies, hospitals and other plaintiffs start their lawsuits by filing complaints (typically in your local state court) and arranging for personal service of the "Summons" and "Complaint" upon the debtor. Debt collectors are looking for default judgments, which destroy the lives of consumers but make predatory collection firms rich. By responding to a debt collection complaint, you have a significant chance that the debt collector will walk away from the debt and turn its focus on easier targets (i.e., the thousands of debtors that do not respond). These industries rely on the simple fact that most debtors do not respond to debt complaints. The debt collection industry generates corporate revenues in excess of 2.4 Billion Dollars per year. The huge debt collection and debt buying industries operate as assembly lines. The brief guide below provides a summary of the steps for responding to a debt lawsuit in all fifty states. The following information applies to cases involving unsecured debts, such as alleged past-due balances involving credit cards, medical providers, and other service providers. Answering a debt collection complaint in state court is straightforward and fast, particularly if you have a sample answer form to use as a guide.
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