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The Daily Insight Hub

How do you respond to a creditor suing you?

Author

Rachel Davis

Updated on January 28, 2026

1. Respond to the lawsuit or debt claim

  1. Don’t admit liability for the debt; force the creditor to prove the debt and your responsibility for it.
  2. File the Answer with the Clerk of Court.
  3. Ask for a stamped copy of the Answer from the Clerk of Court.
  4. Send the stamped copy certified mail to the plaintiff.

How do you fight a creditor against a lawsuit?

  1. Respond to the Lawsuit or Debt Claim.
  2. Challenge the Company’s Legal Right to Sue.
  3. Push Back on Burden of Proof.
  4. Point to the Statute of Limitations.
  5. Hire Your Own Attorney.
  6. File a Countersuit if the Creditor Overstepped Regulations.
  7. File a Petition of Bankruptcy.

What should I do if a creditor or debt collector Sue Me?

Starting on May 3, 2021, a debt collector may be required to give you notice about the federal CDC eviction moratorium. Learn more about your tenant and debt collection rights. When you respond or “answer” the lawsuit, the debt collector will have to prove to the court that the debt is valid and that you owe the debt.

What happens when a creditor threatens to sue?

In a debt collection attempt, a creditor may threaten to bring a lawsuit, or sue, in order to force payment on a delinquent debt. Collection agencies can, by law, sue those who default on a debt for the amount of the debt plus any accrued interest and/or penalty fees.

When do I have to respond to a creditor lawsuit?

The summons should set a timeframe for when you need to respond to the creditor’s complaint, but it’s usually within 30 days or less. If you want to fight the lawsuit, your response should cite any and all applicable defenses. Has the statute of limitations run out? Is the debt not actually yours?

Can a creditor Sue you in Small Claims Court?

In small-claims court, you may sue the creditor for harassment, for pursuing a debt that you do not owe, for attempting to collect an inaccurate amount or for incorrectly reporting your account details to credit agencies.