Receiving a court summons from a debt collector can be intimidating, especially if you’re unsure about your rights or how to respond. The good news? You have powerful legal protections—and if the debt is invalid, unverified, or outside the statute of limitations, you may be able to stop the lawsuit in its tracks. In this blog post, we’ll explain your legal rights when you’re sued for a debt, what steps to take immediately, and how Credo Legal helps clients navigate the courtroom with confidence.

Why Debt Collectors File Lawsuits

Debt collectors often resort to lawsuits when:

• You’ve ignored their calls or letters

• The debt is large enough to justify legal action

• They think you won’t show up to court (leading to an easy win)

• They want to pressure you into settling—even if the debt is questionable

But just because they file doesn’t mean they’ll win—especially if they can’t prove the debt is valid.

Your Rights Under Federal Law

Two major laws protect you as a consumer:

🛡️ The Fair Debt Collection Practices Act (FDCPA)

• Prohibits deceptive or abusive tactics

• Requires collectors to validate debts upon request

• Allows you to sue collectors who violate your rights

🛡️ The Fair Credit Reporting Act (FCRA)

• Gives you the right to dispute inaccurate debts on your credit report

• Ensures that only verified information is reported to the bureaus

If a collector violates either of these laws, it could undermine their entire case in court.

Step-by-Step: What to Do If You’re Sued for a Debt

Step 1: Don’t Ignore the Lawsuit

Failing to respond to a debt lawsuit can result in a default judgment, which means:

• The court automatically rules in the collector’s favor

• Your wages or bank accounts could be garnished

• Your credit report will reflect a public judgment

You typically have 20–30 days from receiving the summons to respond. Don’t delay.

Step 2: Request Debt Validation

Even after a lawsuit is filed, you still have the right to demand proof that the debt is:

• Accurate

• Belongs to you

• Collectible under the law

• Within the statute of limitations

A collector must provide documentation—including the original contract, a full payment history, and proof of debt assignment.

Step 3: File an Answer with the Court

Your Answer is your formal response to the lawsuit. In it, you can:

• Deny the claims

• Demand strict proof of the debt

• Raise legal defenses (e.g., expired statute of limitations, mistaken identity, lack of documentation)

Credo Legal can help draft and file this response, ensuring your rights are protected from the start.

Step 4: Prepare for Discovery and Pre-Trial Motions

The court may require both parties to exchange evidence or appear at a pre-trial hearing. During this time, we’ll:

• Review the collector’s evidence

• Challenge any gaps in documentation

• Identify procedural violations (e.g., improper service or lack of licensing)

In many cases, weak or missing documentation can result in the lawsuit being dismissed entirely.

Common Legal Defenses in Debt Lawsuits

1. The debt isn’t yours (wrong person, identity theft)

2. The amount is incorrect

3. The collector lacks standing (they can’t prove they own the debt)

4. The debt is outside the statute of limitations

5. The collector failed to validate the debt

6. The collector violated consumer protection laws

These defenses can result in a dismissal, settlement, or even a counterclaim for damages.

What Happens If the Collector Wins?

If the collector wins the lawsuit, the court may issue a judgment against you, which can lead to:

• Wage garnishment

• Bank account levy

• Property liens

• Public record on your credit report

But even then, legal remedies and settlement options may still be available. Credo Legal can help you negotiate or fight back depending on the circumstances.

How Credo Legal Protects You in Court

When you work with Credo Legal, we:

• Respond to lawsuits on your behalf

• File motions to dismiss invalid claims

• Demand complete debt validation

• Challenge improper collection practices

• Represent you in court, if needed

• Work to get the debt dismissed or resolved favorably

Our goal is not just to win the case—but to protect your rights and financial future every step of the way.

Real Case Example: From Court Summons to Case Dismissed

One of our clients was sued over a $5,400 credit card balance from 2016. The collector had no original contract, only a summary statement. We filed a formal Answer, requested documentation, and challenged the debt’s validity based on lack of standing and expired statute of limitations.

Result: The case was dismissed, and the collector was barred from further collection attempts.

Conclusion

Being sued by a debt collector can be frightening—but you’re not powerless. The law gives you rights, defenses, and tools to fight back. And with a team like Credo Legal in your corner, you don’t have to face the courtroom alone. If you’ve been served with a debt lawsuit, contact us right away—your response could make all the difference.