How to Answer a Summons for Debt Collection in Delaware (2026 Guide)

George Simons | January 07, 2026

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.

Edited by Hannah Locklear

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 Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Summary: If you have received a Summons for debt collection in Delaware, you must respond to the lawsuit before the state's deadline which is 15 days for Justice of the Peace cases and 20 days for all other cases. SoloSuit's Answer form makes it easy to respond to your case and defend yourself in court.

Getting served with a summons claiming you owe a debt in Delaware can be an anxiety-inducing experience. You may be feeling overwhelmed and intimidated by the prospect of contesting the lawsuit in court. You may even be feeling scared and uncertain about your path forward. Do not fret. SoloSuit is here to help you through this difficult time and has compiled important information to help simplify debt collection lawsuits so you know what to expect.

Below, you will find helpful information on what needs to be done to properly respond to a summons for debt collection in Delaware. The information in this guide is tailored to debt collection lawsuits in Delaware.

Respond to a Summons in Delware.

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Table of Contents

File an Answer to your Delaware debt collection Summons before the deadline

There are two deadlines to respond to a debt lawsui in Delaware: 15 days for Justice of the Peace cases and 20 days for all other cases.

In other words, you have 15 days to respond to a debt Summons if your case is in the Justice of the Peace court, and you have 20 days to respond if your case is in any other court. It is extremely important to respond before the deadline. Why? Because if you fail to respond, the court will likely enter a default judgment against you. If this occurs, the debt collection company will be awarded the amount alleged to be owed, court costs, and other forms of relief requested as a part of the judgment. They may even be granted the right to garnish your wages.

You can respond by filing an Answer with the court after you have been served the Summons and Complaint and sending a copy to the plaintiff's attorney.

Use these Delaware Answer to Summons forms

An Answer is an explanation, defense, or denial of the claims made against you in a debt collection case. Therefore, you must read and understand the Summons and Complaint to prepare your Answer document correctly.

You can use SoloSuit's Answer form to respond to a Delaware debt lawsuit in minutes. All you have to do is respond to some questions about your case, and SoloSuit's software takes care of the rest. Our Answer form is properly formatted, uses legitimate legal language, and includes sections for your responses and affirmative defenses.

If you prefer to create your own response, here is Delaware's forms wesbite where you can fill out form number CF07 to respond to a Complaint.

What happens when you demand a Bill of Particulars?

If you demand a Bill of Particulars be produced by the plaintiff, the debt collection company will need to serve a detailed Bill of Particulars to you within 15 days, counting the date of mailing as the first day. Typically, plaintiffs in debt collection cases will use a Bill of Particulars form made available by the court, specifically CF10BP. A plaintiff must serve the Bill of Particulars by:

  • mailing the original copy of the Bill of Particulars to the Court where the action is pending, along with a notarized statement as to how the Bill of Particulars was served on the defendant, and
  • mailing a copy to you, the defendant.

The Bill of Particulars needs to be in writing and should expressly state the basis for the claim, along with the manner in which the amount alleged to be owed was calculated.

If a plaintiff fails to satisfy these requirements, you could file a motion with the court seeking an order compelling the plaintiff to comply. A motion to compel needs to be filed with the Court within 5 days after the time for serving the Bill of Particulars lapsed.

You do not have to pay an Answer filing fee in Delaware

In Delaware, you are not required to pay a filing fee to respond to a debt collection lawsuit. You simply need to complete an Answer and mail it to the court within 15 days (for Justice of the Peace cases) or 20 days (for all other cases) of receipt of the Summons.

If you decide to file a counterclaim or third party claim, expect to pay a filing fee. In Delaware, the fee to file a counterclaim is $300. The same $300 filing fee applies to a third party claim. This is because, in Delaware, the filings of counterclaims, cross-claims, or third-party claims are charged at the same rate as filing a new case.

How to respond to a debt collection lawsuit in Delaware

When you are sued by a debt collection company, it is quite common to feel uneasy and somewhat overwhelmed at the thought of going to court against a big debt collection company. Do not give into this fear and anxiety. You need to be proactive and make sure you respond to the summons. Simply ignoring the summons is not recommended since it is simply a one-way ticket to a default judgment against you. Once that happens, the debt collection company holds all of the proverbial cards and can initiate the garnishment of your wages and other adverse actions.

So, here are the steps you need to take to respond to a debt collection lawsuit in Delaware.

1. Create an Answer

The first step is to create your Answer. In this document you respond to the Complaint. First, you'll need to put all of the relevant case information on the document.

Gather all of the information that's in the Complaint and Summons and add it to your Answer, including:

  • Your name, address, and other pertinent personal information
  • Information on the plaintiff. That is, the company who is suing you and their attorney representing them.
  • The name of the court that the case is in in the State of Indiana, the address of the court, etc.
  • Identifying information: the case number, index number, civil number, or whatever the court uses to identifies your case
  • The amount of the lawsuit
  • Other relevant case information

SoloSuit helps you gather this information.

This information helps the court now what case the document refers to.

2. Respond to the each allegation listed in the Complaint

In the Answer, you respond to every paragraph in the Complaint. You can choose one of three options:

  • Admit — Choose Admit if you agree with everything in the paragraph.
  • Deny — Choose Deny if you disagree with something in the paragraph.
  • I Don't Know — Yes, this is a legit option. Choose “I don't know” if you don't have enough information to admit or deny the allegation in the paragraph.

SoloSuit makes it easy to respond the right way.

In Delaware, you can also choose to request a jury trial and request a Bill of Particulars. A Bill of Particulars is a document you can request the debt collector produce to prove you owe the debt. Often times when you request this, they can't actually prove anything.

3. Mail the Answer Form.

You need to complete and mail the Answer form within 15 days of being served with the Summons for Justice of Peace cases and 20 days for other cases. It is extremely important to mail the form within this time period because if the court does not receive a copy of the Answer in a time, they could move forward with entering a default judgment against you. Do not let this happen. Make sure the Answer is filled out and mailed within the deadline, commencing from the date you were served with the Complaint.

SoloSuit mails the Answer for you.

4. Consider filing a counterclaim

Depending on the facts of your case, it may make sense to file a counterclaim against the plaintiff. A counterclaim can be filed when you have reason to believe that the Plaintiff actually owes you money instead of the other way around. For example, if you were subjected to harassment or threats by the debt collector, you may be able to pursue compensatory damages from the debt collection company. But keep in mind, a counterclaim needs to be filed at least 5 days prior to trial (excluding holidays and weekends).

5. Research affirmative defenses

If you opt to challenge the debt collection lawsuit and request a trial, it is important to research any potential affirmative defenses that may apply to your case. Examples of common affirmative defenses used in debt collection lawsuits include:

  • Wrong Defendant - The debt collection company sued the wrong person (i.e. you are not the actual owner of the delinquent account).
  • Satisfaction - this affirmative defense states that the amount alleged to be owed has already been paid.
  • Statute of Limitations Expired - This affirmative defense is most effective when a debt collector is attempting to collect on an old debt. It is important that you affirmatively raise the statute of limitations as a defense since a court will not know whether the statute of limitations expired when the debt collection company filed its lawsuit against you.

SoloSuit helps you make the right defense the right way.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Statute of Limitations on Debt in Delaware

It is important to have a general understanding of the statute of limitations since it governs the amount of time a debt collector has to take legal action against you concerning an unpaid debt. Once the statute of limitations expires, a debt collector is generally unable to pursue a lawsuit against you in court. Though, it does not mean a lawsuit cannot be filed against you. Rather, if a debt collector files a lawsuit after the statute of limitations expired, you need to raise this issue as an affirmative defense.

The statute of limitations starts when you fail to make your last payment. In Delaware, the statute of limitations expires after three years have passed from this date for most types of debt.

Statute of Limitations on Debt in Delaware
Debt Type Deadline In Years
Credit Card 3
Medical 3
Student loan 3
Auto Loan 3
Mortgage 3
Medical 3
Personal loan 3
Judgment 5
Source: Del. Code tit. 10 § 5072 and § 8106

Learn more about how the statute of limitations can be used in a debt collection lawsuit here.

Settle debt in Delaware

Most Americans have, at a minimum, a mortgage or rent payment, a few thousand dollars in credit card debt, and an auto loan. Paying your bills on time keeps you in good standing with your creditors and protects your credit score.

However, life happens, and unexpected upsets can quickly snowball into a debt crisis. The loss of a job, family problems, or an unexpected illness are just a few of the life events that can cause you to lose your financial balance. Once you’ve missed payments on your debts, creditors move quickly to start calling and sending letters, which increases your stress level.

One of the most effective ways to resolve debt and regain your peace of mind is through debt settlement

Follow these 3 steps to settle your debt

Creditors and debt collectors know that when consumers struggle to pay their bills, they are unlikely to recoup the full amount of the debt owed. They are also aware that going to court is an expensive option, especially if the consumer is willing to fight back. Often, as a result, creditors are willing to settle the debt for a fraction of what is owed.

Follow these three steps to settle debt in Delaware:

  1. Respond to a debt lawsuit with an Answer. Delaware allows 15 days for you to respond to a debt lawsuit. You must answer every allegation in the lawsuit with:
    • Admit–you agree with the allegation
    • Deny–you disagree with the allegation
    • Deny for lack of knowledge–you don’t have enough information to admit or deny

  2. Make an offer to start the negotiation process. Calculate how much money you can pay toward the debt. Assess your assets to determine if there are things you can sell to free up extra cash. Then, make a settlement offer for less than the total amount you can afford to pay. That way, if the creditor makes a counteroffer, you have some extra room to continue negotiations.
  3. Get the agreement in writing. Draft a settlement agreement and ensure it’s signed by both parties before exchanging any money to settle the debt. It’s best to have a notary witness the document to add validity in the event the creditor attempts any sketchy activity.

Settle with SoloSettle

Make an Offer

To learn more about these steps and the Delaware debt settlement process, check out this video:

Delaware debt settlement laws regulate the settlement practices there

The Debt Management Services Act holds debt settlement companies in Delaware accountable through regulations and licensure. According to the Act, debt settlement companies are prohibited from:

  • Using a consumer’s money for anything other than holding it in trust to settle debts.
  • Settling a debt for more than 50 percent of the amount owed unless both the consumer and the creditor agree.
  • Make claims that enrollment in their program will prevent litigation, repossession, foreclosure, garnishment, attachment, or evictions.
  • Assert that payment of a specific amount will settle a claim or a range of indebtedness before actually negotiating.
  • Portray themselves as qualified to render legal advice or services.

Going beyond debt settlement laws, Delawareans should also verse themselves in state-specific debt collection laws to make it easier to stand up for their rights and defend themselves in case of a lawsuit.

Delaware debt collection laws protect its residents from unfair treatment

It is crucial that consumers know their rights when dealing with debt collection laws in Delaware. Delaware residents are protected from unfair debt collection practices under the Fair Debt Collection Practices Act (FDCPA), which states that debt collectors cannot:

  • Falsify information or legal documents
  • Call you more than once each day
  • Call you prior to 8 a.m. or after 9 p.m.
  • Contact a third party (such as friends, family, or coworkers) about your debt
  • Continue to contact you after receiving a Cease and Desist Letter
  • Use obscene, vulgar, or threatening language
  • Threaten to arrest you if your debt remains unpaid
  • Refuse to validate your original debt
  • Pursue debts in court outside of the Delaware Statute of Limitations

If a debt collector has violated the terms of the FDCPA, you should report the violation immediately. You can make reports to:

Document the date and the specific details of the violation when you file your complaint.

In addition to the FDCPA, the statute of limitations is a great protection from being sued for old debt. In fact, debt collection agencies usually know the date that the statute of limitations on debt expires, and as it approaches, they’ll often turn up the heat in an attempt to get you to make even a small payment. Be careful because doing so could restart the clock under the statute of limitations.

10 DE Code § 8106 (2012 through 146th Gen Ass) establishes Delaware’s statute of limitations on debt collection. Typically, the Delaware statute of limitations on debt is three years, meaning debt collectors only have three years from the last action on a debt account to sue.

Finally, Delawareans can stop unwanted calls with a Cease and Desist Letter. Debt collectors are forbidden from contacting you once they receive the letter. However, you need to carefully monitor your account with them, as they could pursue a lawsuit against you.

Get debt relief in Delaware

Unsecured loans can quickly escalate from being a temporary solution to becoming a financial nightmare. Even the most financially savvy individuals can find themselves drowning in unmanageable debt due to unexpected financial setbacks. The exorbitant interest rates attached to most payday loans only exacerbate the debt burden for many who fall into the cycle of relying on these immediate financial solutions.

Let’s explore your options for debt relief in Delaware.

Free debt relief resources in Delaware

Delaware offers several free and low-cost options for those struggling with debt. Some of those include:

  • Delaware Community Reinvestment Action Council (DRAC). DRAC is a non-profit organization providing education, advocacy, and outreach to ensure consumers have appropriate access to capital and credit.
  • Community Resource and Assistance Services offers emergency financial assistance for critical needs, including rent, utilities, and emergency shelter.
  • Stand by Me is a state-funded program offering free individual financial coaching from skilled professionals trained to help you achieve financial stability.

Struggling with debt is stressful. Finding a way to take control of your finances and rebuild your credit can help alleviate the struggle. There is light at the end of the tunnel, but it will require patience and a willingness to explore your options.

Don’t use payday loans in Delaware

Taking out a payday loan may seem like a reasonable solution to keep your head above water if you’re falling behind on your financial obligations. However, it’s typically a case of jumping from the frying pan into the fire.

Many states have enacted strict laws to reduce the impact of the predatory lending habits of payday loans. Unfortunately, in Delaware, there are few restrictions. The interest these lenders can charge can be extremely high. According to Pew Trusts, borrowing $500 for just four months can cost you an average of $390. The effective interest rate is 342%.

Please read the loan documents carefully, as these lenders are often experts in disguising the true amount of borrowing. Payday loans should be a last resort and only utilized if you know you can pay the balance and interest back quickly.

Debt settlement in Delaware

You have two choices when pursuing debt settlement. You can take a DIY approach or use a debt settlement company. There are pros and cons to each.

  • Do it yourself debt settlement: DIY debt settlement is less expensive than using a debt settlement company and leaves you in the driver’s seat of managing your finances. You will negotiate directly with the lender, allowing you to determine the terms you can agree to. Though some lenders are willing to accept a repayment plan, you’re more likely to save money by offering a lump sum settlement.

  • Debt settlement companies: A debt settlement company is a good option if you don’t have time to deal with debt negotiations. These companies frequently work with creditors and know what percentage the creditor will likely accept as a settlement. However, they charge for their services, and some are more reputable than others. Before agreeing to work with a company, check out their Better Business Bureau (BBB) profile to see what other customers are saying and whether they have a history of complaints.

It is crucial that you keep track of your debt settlement offer and any subsequent correspondence. Once you and the lender have agreed on a settlement amount, you need a debt settlement agreement signed by both parties.

Start the debt settlement negotiation process in Delaware.

Take out a debt consolidation loan in Delaware

Debt consolidation typically means taking out a loan large enough to cover all your outstanding unsecured debts and paying them off with the loan proceeds. Then, you have one loan payment instead of multiple payments each month. While this sounds like an easy and efficient way to take care of your debts, there are some things you should consider.

  • How high is the interest rate on the loan? A high-interest debt consolidation loan can leave you in worse shape than if you continued paying the debts individually.
  • Be careful not to accrue more debt on your now-paid accounts.
  • Pay off the debt consolidation loan as quickly as possible to save on interest.

Successful debt consolidation is possible if you’re careful about the loan terms and don’t continue to accrue more debt.

File bankruptcy in Delaware

Bankruptcy should always be a last resort because the impact on your credit score and life can be profound and long-lasting. However, it can provide a fresh start free from overwhelming debt. Delaware offers some advantageous terms for Chapter 7 bankruptcy.

Chapter 13 bankruptcy is more of a debt restructuring plan for those with significant assets. Whatever route you choose, recognize that you will face years of being unable to access affordable consumer credit problems finding a landlord who will rent to you. It can even impact your ability to get specific jobs.

Find the status of your Delaware court case.

It’s important to stay updated on your Delaware debt lawsuit. To do this, you should check the status of your Delaware court case periodically to ensure you don’t miss any hearings or notices. Staying up to date on your case will help you maintain your right to fight back or negotiate a reasonable solution with your creditors.

Delaware residents can access their court records in person at the courthouse where the lawsuit was filed or online at CourtConnect.

How to find your case in Delaware

A case number is assigned to help the courts track each case. The case number is generated using:

  • The court name
  • The type of case
  • The judge assigned to the case
  • The year the case is filed

The case number should be included in the Summons and Complaint you received at the beginning of the case. If you don’t have the case number, you can visit the clerk of court and ask for help in locating the case, or you can use CourtConnect online to search. You can search by the names of the parties involved, the case number, or any judgments against an individual or business.

Stop wage garnishment in Delaware

When facing a debt lawsuit in Delaware, it is crucial that you understand the repercussions of losing the case. The creditor will do their best to convince the judge that you owe the money and that they need to collect through a judgment.

If you fail to respond to the lawsuit and don’t show up in court, the creditor will likely prevail in getting a default judgment against you. A judgment allows creditors to pursue collection through garnishing your wages.

The best way to stop wage garnishment in Delaware is to know the state garnishment laws there and file a Claim of Exemption if you are eligible.

Delaware’s wage garnishment laws set limits on the amount that can be garnished

Delaware strictly limits how much of your take-home pay a debt collector or creditor can take. Under Del. Code Ann. tit. 10, § 4913, creditors with a judgment for wage garnishment can seize up to 15 percent of disposable earnings.

Under Del. Code Ann. tit. 10, § 4915, the following types of income are exempt from wage garnishment in Delaware:

  • 85% of your disposable income
  • Personal property not exceeding $500
  • All payments from a retirement plan
  • Life insurance contract or annuity

For instance, if a relative dies and you are the recipient of their life insurance proceeds, a creditor cannot garnish the amount you receive.

Prevent wage garnishment from happening in the first place

If you receive a Summons and Complaint that you’re being sued for a debt, take action quickly. Your first step is to file an Answer. Once that is done, explore your options for resolving the debt before the court date.

Repaying the debt stops all legal action against you. However, you may not have the money to repay the entire debt. If that’s the case, debt settlement may be your best choice.

Debt settlement is often the goal of debt collectors, as it alleviates the hassle and expense of continuing with the lawsuit. It is advantageous as it can help you avoid wage garnishment, legal expenses, and the stress of a lawsuit. Use SoloSettle to help navigate the debt settlement process.

If you need help defending yourself in a debt collection lawsuit in Delaware, there are organizations offering assistance at little-to-no-cost to Delaware residents. These organizations include:

Delaware Court Locations

Courts in Delaware are based in the three major counties: New Castle, Kent, and Sussex. Within each county is a set of courts that possess jurisdiction over different legal matters. The Delaware court system is unique so it is important to understand whether the debt collection agency actually filed the lawsuit with the proper court.

There is a Justice of the Peace Court, which is considered to be the “entry level” court and empowered to oversee cases where the amount in dispute in a civil matter is less than $15,000.

There is also the Court of Common Pleas, which possesses jurisdiction over civil cases involving an amount in dispute between $15,001 and $50,000.

In addition to the Court of Common Pleas, there is the Superior Court, which is Delaware's court of general jurisdiction. The Superior Court possesses original jurisdiction over civil cases, with the exception of “equity” cases.

If you're ready to draft and file an Answer to your debt lawsuit in Delaware, find your local court below to get started:

Key Takeaways

In summary, here is what you need to do to effectively answer a summons for debt collection in Delaware.

Deadline to file an Answer for Justice of the Peace courts: 15 days.
Deadline to file an Answer for all other courts: 20 days.

Do these steps:

  • Decide how you want to respond to each paragraph
  • Review the Complaint and determine whether you can assert any affirmative defenses
  • Appear in court on the date and time provided by the court if you opt to contest the debt collection lawsuit.

Best of Luck!

Additional Resources

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources




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