How to File a Response 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.
Is your case in small claims court? If your legal papers say "Notice of Small Claim" or "Department of Small Claims," your case is in small claims court, where the rules are different. Go here to read our guide to small claims court.
If your papers say "summons" and "complaint," keep reading.
Responding to a debt lawsuit can be an important step to protect your rights. If you don't respond, the court may decide against you without hearing your side, called a default judgment. For more on what to consider before deciding to respond, read this article.
If you're ready to file a response—or just want to understand the steps—continue reading. If possible, speak with a lawyer about your case as early as you can. Filing an answer may also give you time to get legal advice.
Know your exact deadline so you don't miss it.
You have 30 days to respond after being given the summons and complaint. Make sure to calculate your deadline:
Day 1 is the day after you were given the legal papers. Count all days on the calendar, including weekends and holidays.
The 30th day is your last day to file your response.
If the 30th day is a weekend, holiday, or day the court is closed, your deadline moves to the next business day.
If you miss this deadline, the person suing you can ask the court to automatically decide in their favor, which may allow them to take money from your paycheck or bank account.
Write your response.
Usually, your response to the lawsuit is called an "answer." In some cases, you may respond by filing a "motion," which is a request to the court to do something.
The "answer" is your way of telling the court your side of the story.
In the complaint the other side filed against you, there is a list of statements they are telling the court are true. The answer is your chance to respond to each of these.
Get the right forms.
Start by contacting the court where the lawsuit is and asking if they have an answer form.
- Find your court's contact information here. Make sure it is the same county as the one listed on the complaint.
- There may be a sample form at the courthouse or on the county's court website.
- You may also need to create your own document. You can use this template from the Columbia County Circuit Court as an example. Just be sure to change the name of the court if your case isn't in Columbia County.
Make sure your answer is complete.
Your answer should include a clear statement saying whether you agree or disagree with the claims (the numbered statements) in the complaint. You can:
- Admit if a statement or claim is correct.
- Deny if a statement or claim is wrong.
- Say you don't know if you're unsure about a claim.
- If you don't admit something, it forces the other side to prove it in court.
Your answer should also list any legal defenses you have. A defense is a legal reason you don't have to pay, such as:
- The debt is not yours.
- The amount in the complaint is incorrect.
- The debt is too old to be collected. This is called time-barred. Learn more about time-barred debts here.
Give your response to the court.
Turn in the completed response to the court where the lawsuit was filed.
- You can do this in person, by mail, or in some cases, electronically.
- Many courts in Oregon allow you to file your legal papers from a computer using their "e-file" program. Ask your court or look on their website to find out if electronic filing is allowed in your county.
- Learn more about filing your papers online on the court's e-file website.
Pay your filing fee or ask to file for free
To file your response, the court will ask you to pay an "appearance" fee.
- When you respond to the complaint, you are "appearing"—or participating in—the court case.
- Contact the court to find out how much your fee is.
If you can't afford the filing fee, you can ask to file without paying or to pay it later.
- Ask the court for a fee waiver application.
- The forms are officially called "Application and Declaration for Deferral or Waiver of Fees."
- You can download a copy from the court here.
Give a copy to the other side.
Send or give a copy of your response to the other side (they are called the plaintiff) or their lawyer. This is called service or serving the other side with your response.
- Take note of when, where, and how you served the other side. If you sent them copies of your forms by mail, send them using "certified mail." That way, you will get proof that the forms were delivered.
- You will need this proof because you must also file a form called a "Certificate of Service" with the court confirming that you delivered the copies.
- Ask your court for this form if you didn't get a copy with your answer.
Keep a copy for yourself.
Make at least one copy of your response and the proof of service form. Keep these for your records in case you need to refer to them later.
What happens next:
After the court receives your answer, it will send you information about the next steps:
If your case involves $50,000 or less, it will be sent to arbitration.
- This means your case will be handled and decided by an arbitrator (a court-appointed lawyer or retired judge), rather than a courtroom judge or jury.
- However, if you lose in arbitration, you have the option of requesting a jury trial in court.
- Learn more about arbitration here.
If your case involves more than $50,000, you can have your case decided by a judge or jury.
- The court will send you information about the next steps, including any scheduled court dates.
Go here to continue reading our guide to debt collection lawsuits.