archive – Should I Respond to a Debt Lawsuit?
This article is part of a step-by-step guide to debt collection lawsuits in Oregon. Go here to read the guide and see related articles.
When you learn you are being sued, it can feel overwhelming. The legal papers you receive, called a "summons" and "complaint," will say you have 30 days to respond to the lawsuit. You may be asking:
- What does it mean to respond to a debt lawsuit?
- Would responding help or hurt my situation?
- What happens if I don't respond?
This article can help you answer those questions.
Key points from this article:
- Know your deadline.
- Respond to avoid a default judgment against you and challenge the debt, raise a defense, or sue the other side.
- Responding costs money, and if you go to court but don't win, you may owe more.
- But responding can also buy you more time to negotiate a compromise that saves money for you and the other side.
- If you owe the debt and don't have a way to challenge it, you might consider not responding, but it's important to talke to a lawyer first to understand the risks.
- A lawyer can help you decide. Free and low-cost services are available.
What does it mean to respond to a debt lawsuit?
Responding to a lawsuit usually means giving the court a written document called an "answer."
An answer tells the court the things in the complaint that you disagree with—for example, that the amount of the debt is wrong or that you don't owe the debt. An answer usually includes:
- Which statements in the complaint you admit (agree with), deny (disagree with), and which ones you need more information to admit or deny.
- Any defenses you have. A defense is a legal reason you shouldn't have to pay the debt.
- Any counterclaims you have. A counterclaim is when you sue the other side back in the same lawsuit because they did something wrong.
You can also ask for more time to respond or to negotiate a compromise with the debt collector.
After you turn in your answer, the court will usually send your case to arbitration if the amount involved is $50,000 or less. If it's more than that, the court may schedule a trial.
- Arbitration is a less formal and sometimes less expensive process than a trial.
- Learn more in our article, "How Arbitration Works in Civil Lawsuits in Oregon."
Whether you go to arbitration or a trial, the person that sued you has to prove that you owe the debt and that they have the right to collect it.
Common defenses when you are sued by a debt collector
- The debt isn't yours: You don't recognize the debt, the debt belongs to someone else, or they cannot prove you owe it.
- The amount is wrong: The amount in the complaint includes incorrect charges, fees, or interest. Go here to learn more about interest on debt.
- The debt is too old to collect: Most debts have a limit for how long a person or business can try to collect them. In Oregon, this limit is usually six years from the date of your last payment, but that time can get reset in some circumstances. Learn more about time limits on debts here.
Being unable to pay a debt is not a legal defense against a debt lawsuit.
Counterclaims in a debt lawsuit
If you believe the debt collector did something wrong or owes you money, you can sue them back in the same case by filing a counterclaim. Common examples of counterclaims in a debt collection lawsuit include:
- The debt collector harassed you or used threats to get you to pay the debt.
- The other side is trying to collect a debt they aren't legally allowed to collect (like one that was erased by bankruptcy).
- The person or company suing you is lying about how much you owe or adding extra charges you don't actually owe.
Go here to learn more about what debt collectors are not allowed to do.
If you can successfully prove your counterclaim, you can win money to cover harm they caused and lawyer's fees.
Should I respond to a debt collection lawsuit?
Consider filing an answer if:
- You believe you don't owe the debt.
- The amount of debt is incorrect.
- You have a defense against the lawsuit or a counterclaim.
- You want more time to consider your options, negotiate with the other side, or talk to a lawyer.
It's important to know that responding may cost money.
You must pay a fee to turn in a response. Contact your court to ask about current fees.
If you do not make much money, you might qualify to file for free or pay later. Ask the clerk at your court for a "fee waiver and deferral" application. You can also download the application and instructions from the court here.
If your case goes to arbitration, you and the other side must split the arbitrator's fee, usually between $150 to $200 per hour.
If you don't win, the arbitrator or judge may add more money to what you owe—for example, to cover the other side's court costs. The amount you owe after losing a trial will often be more than if you had never responded.
What happens if I don't respond?
- Once the 30-day deadline has passed, the other side can ask the court to decide the case automatically in their favor. This is called a default judgment.
- If your deadline passes and the other side hasn't asked for a default judgment yet, you can still ask the court for permission to give them a late response.
- A default judgment doesn't order you to pay. It says you legally owe the debt, but it is up to the winning side to collect the money. Learn more about judgments and default judgments here.
- A default judgment allows a debt collector to try to take money from your paycheck or bank account until the debt is paid off. GO here to learn more about this process, called garnishment.
- It's important to fully understand these consequences before deciding not to respond.
Are you collection-proof?
- In Oregon, the law protects a minimum amount of people's money from debt collection.
- The law also protects certain kinds of income entirely from garnishment, including public benefits like Social Security, disability, veteran's benefits, and others.
- When a person has no valuable belongings that can be sold, and no money that can be taken through garnishment, this is called being collection-proof or judgment-proof.
- Debt judgments last for 10 years and can be renewed for more time. Debt collectors may be able to collect later if a your financial situation changes.
- Learn more about being collection-proof in this article.
Reasons not to respond
- You agree that you owe the debt, the amount is correct, and you're sure you don't have any defense or counterclaims.
- If your income and belongings can't be taken because you're collection-proof and you've fully considered the consequences of a default judgment.
It is very important to talk to a lawyer, if possible, before deciding not to respond to a debt lawsuit. Be sure you understand the consequences of not responding for your particular situation before making the decision.
Should I get legal help?
Deciding whether to respond and how to respond to a lawsuit can be complicated. This is especially true if you want to challenge the debt or think you might have a defense or counterclaim.
Only a lawyer can give you advice about your specific situation.
Contact the Oregon State Bar's Lawyer Referral Services to get connected with a lawyer who can give you a low-cost consultation.