How do you beat a debt collector in court?
Matthew Harrington
Updated on January 23, 2026
Takeaways on How to Effectively Defend Yourself in a Debt Collection Lawsuit
- Make sure you respond to the Complaint and your response is timely filed.
- Review potential affirmative defenses that could apply to your case.
- Make the debt collector prove that they have the legal right to sue you.
Can debt recovery take you to court?
Can the debt collector take me to court? If you do not make payment, the debt collection agency is within their right to take you to court. This essentially orders you to make payments towards the debt, and if you ignore this, then further action may be taken.
When does a debt collection agency Sue You?
While each case is a little different, and different states and courts have different rules, here’s what generally happens if a collection agency sues you for nonpayment of a debt. A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court.
What happens if a collection agency fails to show up in court?
However, failing show up in court gives the collection agency a chance to win a default judgment against you. This means the court has ordered you to pay the debt. A collection agency who wins a judgment against you may be able to ask the court for permission to garnish your wages or levy your bank account.
What to expect if a debt collector takes you to court?
You will need to show the judge your paperwork on the account or documents from the collection agency with the date of the debt and the name of the original creditor. If the debt is collectible. If you feel that the debt is valid, it could still be worth it to appear in court.
When do you have to pay a collection agency?
Many people think they have no obligation to pay a third-party collection agency. After all, it’s not the original company you created the debt with. Once you default on the original credit agreement and the business sells the debt to a collection agency, that agency has the right to collect on that debt — assuming the collector operates legally.
