- 1
You've been served
You're here if: Someone handed you (or left you) court papers called a Summons and Complaint.
A debt collector has filed a lawsuit against you. The clock has started. If you do nothing, they win automatically, that's called a default judgment, and it can lead to your wages or bank account being garnished.
Most courts give you 14 to 30 days from the day you were served. Check the deadline printed on your Summons.
What to do
- Find the date you were served, your deadline counts from that day
- Read who is suing you and how much they claim
- Don't ignore it, and don't panic, most people have real defenses
Learn it
How to Draft an Answer in a Debt Collection Lawsuit
Step-by-step lessons on this site
Open the lessons - 2
File your Answer
You're here if: You're within your deadline and haven't filed anything yet.
Your Answer is the document that tells the court you're fighting the case. It responds to each of the collector's claims and raises your defenses. Filing it stops them from winning automatically.
This is the most time-sensitive step in your whole case.
What to do
- Respond to each claim: true, not true, or not sure
- Raise every defense that might apply to you
- File it with the court and mail a copy to the collector's lawyer
Learn it
How to Draft an Answer in a Debt Collection Lawsuit
Step-by-step lessons on this site
Open the lessons - 3
Consider compelling arbitration
You're here if: You've filed your Answer and your credit agreement has an arbitration clause.
Most credit card agreements include a private arbitration clause. Forcing the case out of court and into arbitration is expensive for the collector, and often makes them drop the case entirely. It's one of the most powerful moves available to you.
What to do
- Check whether your original agreement has an arbitration clause
- File a motion to compel arbitration if it does
- Understand the timing, raise it early so you don't waive it
Learn it
Winning Your Debt Collection Lawsuit by Compelling Private Arbitration
Step-by-step lessons on this site
Open the lessons - 4
Make them prove it (discovery)
You're here if: Your case is moving and no trial date has arrived yet.
Discovery is the phase where each side has to show its evidence. This is where debt buyers often fall apart, many can't produce the original signed agreement or a complete record showing they own your account.
What to do
- Send written questions and document requests to the collector
- Ask for the original agreement and the full chain of ownership
- Answer their requests carefully and on time
Learn it
How to Defend a Debt Collection Lawsuit from Beginning to End
Step-by-step lessons on this site
Lessons for this stage are being recorded - 5
Respond to a motion for summary judgment
You're here if: The collector filed a motion asking the judge to rule without a trial.
A motion for summary judgment asks the court to decide the case on paper. If you don't respond, you lose. Responding properly, and pointing out the gaps in their evidence, is often what wins the case.
Missing this deadline usually means losing the case.
What to do
- Calendar the response deadline immediately, it's strict
- Point out every fact they haven't actually proven
- File your response and supporting documents
Learn it
How to Draft a Response to a Motion for Summary Judgment
Step-by-step lessons on this site
Open the lessons - 6
Negotiate a settlement
You're here if: You want to resolve the case without going all the way to trial.
Most debt lawsuits end in a settlement. The stronger your defense looks, the better the deal you can get, people who fight often settle for a fraction of what was demanded. Always get the agreement in writing before you pay anything.
What to do
- Decide what you can realistically pay
- Get every term in writing before sending money
- Make sure it says the case will be dismissed
Learn it
How to Defend a Debt Collection Lawsuit from Beginning to End
Step-by-step lessons on this site
Lessons for this stage are being recorded - 7
Prepare for trial
You're here if: You have a trial or hearing date scheduled.
Most debt cases never reach trial, but if yours does, preparation is everything. You'll need to know what to bring, what to say, and how to hold the collector to their burden of proving the debt is yours.
What to do
- Organize your evidence and your questions in advance
- Know what the collector must prove, and what they're missing
- Show up early and dressed for court
Learn it
How to Defend a Debt Collection Lawsuit from Beginning to End
Step-by-step lessons on this site
Lessons for this stage are being recordedDo it
Trial Prep Checklist
Coming soon
Coming soon
Want the whole playbook at once?
Get every guide and every tool, from the day you're served all the way through trial, in one bundle.
CaseDefender provides fill-in-the-blank forms and general legal information. It is not a law firm, does not act as your attorney, and does not provide legal advice. No attorney-client relationship or privilege is created.