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The Daily Insight Hub

How do you respond to being sued for a debt?

Author

Rachel Davis

Updated on January 25, 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 respond to a Judgement?

Below are a few options you can consider:

  1. File an answer. The most common way to respond to a complaint is by filing an answer.
  2. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court.
  3. Request more information from the plaintiff.
  4. Cross-complain.
  5. File a motion to dismiss.

Can you go to jail for unsecured debt?

You cannot go to jail for not paying a loan. No creditor of consumer debt — including credit cards, medical debt, a payday loan, mortgage or student loans — can force you to be arrested, jailed or put in any kind of court-ordered community service. If you get sued for an unpaid debt, you’ll end up in civil court.

What do you need to know about debt review?

In order to qualify for debt review, you will need to be permanently unemployed. This lets your debt counsellor know that you have a regular income, and in turn, you are able to afford your debt at a reduced rate… read more Will I qualify if I’ve been summoned to court or have judgments against me?

How does debt review work in South Africa?

Debt Review is a process introduced by the National Credit Act (NCA) to help over-indebted South Africans become debt-free. Only consumers who have successfully registered with a National Credit Regulator (NCR) approved debt counsellor, such as Debt Rescue, can be placed under Debt Review.

Can a debt review prevent you from losing your home?

No, quite the opposite actually! Debt review can prevent you from losing your home and car, if credit providers are threatening to repossess and auction them off to recoup the debts you owe. How long will I be under debt review?

Which is better a debt consolidation loan or debt counselling?

Consolidation Loans vs Debt Counselling Debt Consolidation Loan Debt Counselling / Debt Review Good credit score needed Good credit score irrelevant High-Interest rates, once-off initiation Once-off application fee, once-off restr Covers debt up to R250,000 – R300,000 Covers an unlimited amount of debt