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How to Get a Debt Lawsuit Dismissed in 5 Steps

Hannah Locklear | November 17, 2025

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: If you're being sued by a debt collector, here are five steps you can take to get the lawsuit dismissed: 1) Respond to the lawsuit, 2) ask the debt collector to prove their case, 3) use the statute of limitations as a defense, 4) negotiate to settle the debt for less, and 5) file a settlement agreement with the court to get the case dismissed. Use Solo to respond to the lawsuit and settle the debt for less.

Dealing with debt collectors is stressful, exhausting, and can cause major worry.

Unfortunately, millions of Americans deal with this type of anxiety everyday. On top of persistent calls, many debt collectors take legal action and file a lawsuit to get the money they're trying to collect.

If you’ve been sued for a debt, don’t panic. You still have time and options to resolve the lawsuit and protect your finances. In fact, many debt lawsuits are dismissed or settled outside of court when the right steps are taken.

This guide explains how to get a debt lawsuit dismissed in five practical steps. Whether you're unsure if the debt is valid or just want to negotiate a fair settlement, this roadmap will help you move forward with confidence.

Follow these 5 steps to get a credit card lawsuit dismissed

Like we said, debt collectors can be intimidating. And finding a lawyer to represent you can be just as stressful—plus expensive.

Luckily, you can represent yourself in court and settle your lawsuit with debt collectors. Here are five ways you can win your debt collection lawsuit:

  1. Respond to the lawsuit.
  2. Ask the debt collector to prove their case.
  3. Use the statute of limitations as a defense.
  4. Negotiate to settle the debt for less.
  5. File a settlement agreement with the court to get the case dismissed.

While there are several ways to defend yourself in a debt lawsuit, the most reliable path to getting a debt case dismissed is reaching a settlement agreement with the collector. When both sides agree on a reduced payoff amount and the terms are put in writing, the collector will typically file the agreement with the court and the case will be settled. This approach avoids the uncertainty of litigation and saves time and legal costs for everyone involved. By settling the debt and filing the agreement with the court, you can close the case for good and move forward with confidence.

Now, let's break down each of these steps in detail.

1. Respond to the lawsuit

If you were served a Summons and Complaint by a debt collector, it is extremely important that you respond to it as quickly as possible. One of the most common mistakes people make in this situation is ignoring the Summons and Complaint. Whether you owe the debt, or you think you are being sued by mistake, be sure you respond to the allegations. In legal terms, your response to the Complaint is known as an Answer.

Filing your Answer in a timely manner is so important because if you fail to do so, the debt collector will probably request a default judgment against you. If the court grants the default judgment, it means the debt collector will be given the right to garnish your wages, take money out of your checking account, and even try to recover attorney's fees and related court costs.

Draft and file an Answer to your debt collection lawsuit with SoloSuit.

Responding to the lawsuit is also important because it actually gives you an edge in the case. Many debt collection companies actually bet on people failing to file an Answer and then getting the default judgment as mentioned above. When you respond to their lawsuit, many debt collectors are genuinely surprised and may even be inclined to offer a negotiated settlement in the hopes of avoiding the cost of actually litigating your case. They might even dismiss the case altogether.

You have up to 35 days to respond to your debt collection lawsuit, depending on where you live. Filing an Answer prompts the debt collector to prove their case, and it's the first step to settling the case.

Check out this video to learn more about how to prepare an Answer to a debt collection lawsuit:

What does a debt collector have to prove in court?

When you get sued by a debt collector, the burden of proof is on their shoulders. This means that, in the beginning stages of the lawsuit, you're not the one that has to do the work to prove your side of the case.

First and foremost, a debt collector must prove that you're the person who owes the debt, the debt amount (including interest and fees) is accurate, and that you owe the debt to them and not someone else.

This is the tricky part for debt collectors. Many debt collectors purchase old debts from credit card companies, banks, and other financial institutions for a fraction of the original debt amount and then try to collect it in full. When the debt is transferred to collection, it is common that they do not receive the necessary documentation to prove their new ownership of the debt account. If they don't have the evidence, they don't have a case.

When you deny all the allegations listed in the Complaint, the debt collector must prove each one. If a debt collector can't prove their claims with real evidence and records of the debt, they might even dismiss the case voluntarily.

2. Ask the debt collector to prove their case

When a debt collector files a lawsuit against you, you have the right to raise affirmative defenses in your Answer to challenge the collector's claims against you.

An affirmative defense is any legal reason that the debt collector's case in invalid, or any reason why the court should not rule in their favor. For example, you should consider challenging the debt collector's ability to even file a lawsuit against you. If a debt collector is attempting to recover on a delinquent credit card, the debt collector must prove that they possess the legal right to collect on this debt by producing evidence, such as a transfer of the signed credit card agreement.

If the debt collector is unable to produce this type of evidence, you can request the court dismiss the debt collector's case because the debt collector lacks the "chain of custody" evidence required to take you to court for the debt.

This isn't the only affirmative defense you can use. According to the US Federal Rules of Civil Procedure, Rule 8(c) states:

“(c) Affirmative Defenses.

(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:

  • accord and satisfaction;
  • arbitration and award;
  • assumption of risk;
  • contributory negligence;
  • duress;
  • estoppel;
  • failure of consideration;
  • fraud;
  • illegality;
  • injury by fellow servant;v
  • laches;
  • license;
  • payment;
  • release;
  • res judicata;
  • statute of frauds;
  • statute of limitations; and
  • waiver.”

As you can see, there are all sorts of affirmative defenses you can state in your Answer to a debt collection lawsuit. These will strengthen your side of the case and force the debt collector to do more work to prove why they should win.

Make the right affirmative defense the right way with SoloSuit.

3. Use the statute of limitations as a defense

In the vast majority of states, creditors have a limited period of time to try and collect on a debt by filing a lawsuit. After this time has elapsed, the statute of limitations has expired and the debt collector loses their right to sue for the debt. If it turns out that a debt collector sued you on a debt where the statute of limitations had already expired, you can use this as an affirmative defense and likely get the case dismissed.

Use the statute of limitations as an affirmative defense in your debt collection case.

The statute of limitations varies by state and by the type of debt. The clock starts ticking on the debt from the day of the last payment on the account. So, before you agree to making any payments to a debt collector, check the statute of limitations on your debt. Otherwise, you run the risk of restarting the clock on the statute of limitations.

Let's take a look at an example.

Example: Anna receives a Summons and Complaint in the mail, notifying her that a debt collector is suing her for an old credit card debt of $500 in Texas. The debt is so old that Anna doesn't even remember owing it. She goes online to do some research and finds SoloSuit. She learns about the statute of limitations on credit card debt, which is only four years in Texas. Anna finds out that no activity has been made on her account for more than six years. She uses SoloSuit to draft and file an Answer to the lawsuit where she includes the expired statute of limitations as one of her affirmative defenses. At this point, the debt collector has no case against her, and the court orders to dismiss the lawsuit.


If you need assistance in drafting your response to the debt collection lawsuit, including the affirmative defenses that may be included in your Answer, take advantage of the resources offered through SoloSuit.

4. Negotiate to settle the debt for less

Even if the debt collector has a valid case, most lawsuits still end in a negotiated settlement—often for less than the full balance. Collectors generally prefer resolving an account quickly over spending time and money in court, and consumers benefit by closing the case and avoiding a judgment. A fair settlement also puts you in the best position to request a dismissal once the agreement is finalized.

Settlements can benefit both sides:

  • You may resolve the balance for less than the full amount owed
  • The collector can close the account without extended litigation

Once you’ve responded to the lawsuit, you can begin negotiating directly with the debt collector or the law firm representing them. Most firms handle settlement discussions through a dedicated collections agent or paralegal, so you can call the number listed on the summons or on any recent correspondence. When you reach out, use simple, neutral language and avoid admitting liability—your goal is to open a conversation, not confirm that you owe the debt.

Here are a few steps to negotiate safely and effectively:

  • Start the conversation early. After you respond to the lawsuit, reach out to the collector or their attorney to let them know you’re interested in resolving the debt. Early outreach signals good faith and can open the door to better offers.
  • Call the collector or their attorney’s office and express interest in resolving the case. Use neutral language like: “I’m looking to explore possible settlement options to resolve this matter,” rather than “I owe this debt” or “I can’t pay.”
  • Ask what settlement programs they offer before naming your number. A safe phrase is: “Can you tell me what options you’re authorized to offer to settle this account?” This keeps the burden on them to propose a starting point.
  • Ask for a realistic reduction. Many collectors are willing to settle for less—sometimes 40–60% of the balance—depending on the age of the debt and their documentation. Start by asking what settlement options they can offer, then counter with an amount you can afford.
  • Offer a lump sum or short payment plan. Lump-sum payments usually yield the biggest discounts, but short-term plans (3–6 months) can work too. The clearer and quicker your proposal, the easier it is for the collector to approve.
  • If you want to counter, focus on what you can reasonably afford—not why you owe less. You can say: “Based on my current finances, I can offer $___ as a lump-sum payment,” or “I can commit to a -month plan at $ per month.”
  • Get everything in writing. Before you pay anything, ask for a written agreement that outlines the settlement amount, payment schedule, and confirmation that the lawsuit will be dismissed once you complete the terms.
  • Use a secure platform to keep negotiations organized. Tools like SoloSettle allow both sides to exchange offers online, avoid stressful phone calls, and create a clear paper trail for the final court dismissal.

Many debt collection agencies are actually professional debt buyers. This means that they purchase charged-off debt accounts from creditors at a fraction of the original debt amount.

On average, debt collectors buy old debts for 4% of the debt amount. When they come to collect the debt in full, they are hoping to make a huge profit. And they usually do.

However, since most debt collectors purchase debts for such a small fraction of the original amount, they are also willing to settle for less than that amount. It's better for them to settle, for example, than to worry about getting too deep into a legal battle over the debt.

You can settle your debt for good. Just file your Answer to the lawsuit in court first, then use SoloSettle to negotiate with the lawyers and settle for less. In general, it's best to start with a small offer so you give yourself room to build. Expect several rounds of counteroffers before you reach an actual settlement.

But remember, even if you only pay around half of the debt amount, the debt collector will probably still make a profit. So, settlement can be considered a win-win situation for some cases.

Check out this video to learn more about how SoloSettle can help you settle a debt once and for all:

Remember, Solo can help you draft and file most, if not all, of these documents. Check out our services to learn more.

5. File a settlement agreement with the court to get the case dismissed

Once you’ve reached a settlement and made your payment, file a written agreement into your case. This is often referred to as a stipulated dismissal, stipulated judgment, or settlement stipulation.

Doing this ensures:

  • The court knows the case has been resolved,
  • The lawsuit is formally dismissed,
  • And you avoid further legal action on the same debt.

Getting the agreement in writing and filing it with the court that makes your deal official. Before you pay anything, make sure you receive the written agreement from the debt collector or their attorney and sign it. It should clearly outline all the terms so there’s no confusion later.

Here are a few points that a safe settlement agreement should include:

  • The total settlement amount. The exact dollar figure you’ve agreed to pay—whether it’s a lump sum or a reduced balance.
  • A clear payment schedule. If you’re making installments, the agreement should list the due dates, amounts, and how payments should be submitted (online portal, mail, phone, etc.).
  • The deadline for making all payments
     Many agreements include a final deadline for completing the settlement. Missing it could void the deal, so it should be written clearly.
  • An explanation of what happens once you pay in full
     This should state that completing the payment terms satisfies the account in full and that no additional balance will be pursued.
  • Confirmation that the lawsuit will be dismissed. The agreement should say whether the collector will file a dismissal with prejudice (typical for paid settlements) or without prejudice. This protects you by ensuring the case closes once the settlement is complete.
  • Where to send payments and who to contact. The agreement should list the correct entity, address, or payment portal, plus a contact person or department in case you have questions.
  • Any consequences of missed or late payments. This helps you understand what happens if you accidentally miss a payment—whether the agreement will be voided or if there’s a grace period.
  • How communication will be handled. Some agreements specify whether updates or confirmations will come by email, mail, or phone.

Use Solo to negotiate online, get help documenting your agreement, and settle your debt lawsuit for good.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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