George Simons | March 21, 2023
Edited by Hannah Locklear
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.
Summary: You have 21 days to respond to a debt collection lawsuit in Vermont civil courts, but keep in mind there are some exceptions to this rule. There is no fee to file your Answer, and you can use SoloSuit to draft one up in just 15 minutes.
Despite the relatively low unemployment rate and below-average debt levels for residents of Vermont, it may be unavoidable to encounter financial difficulties during an economic downturn, including unpaid bills and ever-increasing credit card balances.
When you fail to pay what you owe to your creditors on time, they will likely hound you with repeated phone calls, letters, emails, etc. A creditor may even sell your debt to a debt collection agency, which will pursue repayment even more aggressively. If the debt continues to be unpaid, a debt collection lawsuit will likely be filed against you.
In this article, we will break down everything you need to know about how to respond to a debt collection lawsuit in Vermont, including deadlines, fees, forms, and more.
Stop debt collectors from harassing you by filing a response with SoloSuit.
In general, you have 21 days to respond to a debt lawsuit in Vermont. If you do not respond to the lawsuit before the deadline, the court will make a default judgment against you.
A default judgment means the court will decide the case in favor of the debt collector in your absence. At this point, the debtor can exercise various rights to satisfy the court's judgment. They may take extreme measures, such as wage garnishment, levying your bank account, or a judgment lien.
More specifically, Vermont Rules of Civil Procedure Rule 12(a)(1) states:
"(1) A defendant shall serve an answer
A) within 21 days after being served with the summons and complaint, unless the court directs otherwise when service of process is made pursuant to an order of court under Rule 4(d) or 4(g), and provided that a defendant served pursuant to Rule 4(e), 4(f), or 4(k) outside the continental United States or Canada may serve an answer at any time within 49 days after such service; or
(B) if service of the summons has been timely waived on request under Rule 4 (l ), within 60 days after the date when the request for waiver was sent, or within 90 days if the defendant was addressed outside any state or territory of the United States.”
In other words, you have 21 days to respond to your Vermont debt collection case unless you were served outside the continental US or Canada, in which case you have 49 days. If you submit a request for waiver of service, you have 60 days to respond. If you were served outside of the US, you have 90 days.
Keep in mind that the deadline is different for Vermont small claims court, where you have 30 days to respond to the Complaint. Learn more about how respond to a Vermont small claims case, as the process is slightly different.
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 the 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 professional, uses legal language, and includes a section for your responses and affirmative defenses.
Here's a sample of the SoloSuit Answer form, so you have an idea of what it looks like:
If you prefer to create your own response, you can also use Vermont's statewide Answer form here: 100-00051.
Great news! There is no fee to file an Answer in Vermont.
That being said, there is a fee if you want to file an appeal, cross-claim, or third party claim. The filing fee for these documents is $120. For other documents, check Vermont's fee schedule.
When you get sued for a debt in Vermont, you should receive a court Summons and Complaint. These are the legal documents that initiate a debt collection lawsuit. The Summons notifies you of the case, while the Complaint lists the specific claims against you.
The plaintiff (the person/company suing) must serve the Summons and Complaint on the defendant (the person/company being sued). The most important thing to do when you are sued for debt is file a written Answer to the Summons and Complaint.
Follow these three steps to respond to a debt collection lawsuit in Vermont:
Now, let's take a minute to break each of these steps down in detail. Don't like reading? Check out this video instead:
The first step is to Answer each claim listed in the Complaint document. Vermont Rules of Civil Procedure Rule 8(b) states:
“Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial.”
In other words, you can answer each claim with one of these responses:
Most lawyers recommend that you deny as many claims as possible, also known as a general denial. This gives you a stronger case because it forces the plaintiff to prove all their claims. If they can't, they might dismiss the case altogether.
If you do not have the records or documents to prove or deny the statement made by the plaintiff in the Complaint, you should answer, 'I don't know.'
An affirmative defense is the kind of evidence you present to the court to stop the plaintiff from winning the case. It is crucial to carefully consider the affirmative defense you submit to the court because you'll need to prove its validity.
While many defenses are legally viable for not paying a debt, the inability to pay the debt is not an affirmative defense. Such a defense won't help you win the case against the plaintiff.
According to Vermont Rules of Civil Procedure, Rule 8(c) states:
“Affirmative Defenses. In pleading to a preceding pleading, a party shall affirmatively set forth and establish accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.”
This is just a fancy way of saying that you must include your affirmative defenses in your initial Answer to the lawsuit. As you can see, there are several affirmative defenses you can include in your Answer. You're probably wondering what most of these mean. We've got you covered.
Some of the most common affirmative defenses you can use in a debt collection case include:
Make the right affirmative defense the right way with SoloSuit.
It is important to note that Vermont does not require licensing for debt collection agencies. Lack of licensure is therefore not an affirmative defense you can raise in a debt lawsuit in Vermont. Even though it's not a requirement, debt collection agencies may still need a certificate of authority which requires a filing fee of $125.
That said, debt collection agencies must still comply with federal law and Vermont debt collection laws.
The last step is to file your Answer to the plaintiff and the court before the deadline passes. You should send a copy of the Answer to the plaintiff or attorney representing them and keep another for your records. Remember that the deadline for regular civil claims is 21 days (see below for small claims court deadlines).
The attorney's address should be listed on the Summons and Complaint. The court address, however, might not be as easy to find. Luckily, SoloSuit does all the research required for filing for you.
SoloSuit can file your Answer for you in all 50 states.
SoloSuit makes it easy to fight 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.
"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
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
While the process is similar in Vermont small claims court, there are few differences. For example, the deadline to respond to a small claims case is 30 days.
Check out our Vermont small claims guide to learn more about how to respond to a debt collection lawsuit in Vermont small claims court.
Debt Type | Deadline in Years |
---|---|
Credit Card | 6 |
Medical | 6 |
Auto Loan | 4 |
State Tax | 6 |
Mortgage | 14 |
Written | 8 |
Medical | 6 |
Oral | 6 |
Judgment | 10 |
Findlaw |
In Vermont, the creditor has between four and 14 years to sue you over a debt. When this time elapses, they can no longer take any legal action against you. Note that they can still contact you in an attempt to recover the debt.
Also, keep in mind that processing any payment for a time-barred debt will restart the debt's Statute of Limitations. It is therefore critical to check your debt's Statute of Limitations before initiating any repayment programs.
Vermont has state laws and additional federal debt collection protections that ensure that debt collectors maintain proper debt collection practices. The Justice Department can prosecute individuals found flouting the rules.
Even though you do not need to pay for a debt whose Statute of Limitations has already expired, if you receive a summons for such a debt, it is best not to ignore it.
You can always file your Answer with SoloSuit, which is faster and easier than the traditional options. After submitting your Answer via SoloSuit, one of their customer protection attorneys will review the entire document, send a copy to the court, and another to the complainant.
Example: Barbara, who is from Vermont, stopped making payments on her credit card account about eight years ago. Recently, she was contacted by a debt collector about the debt. She found out that the credit card company had sold her debt account to the collection agency who was now trying to get her to pay off her $750 debt. The debt collectors kept contacting Barbara, and eventually they filed a lawsuit. After doing some research online, Barbara found out that Vermont's statute of limitations on credit card debt was six years and had already passed. Barabara used SoloSuit to draft an Answer to the lawsuit where she added expired statute of limitations as one of her affirmative defenses. A few weeks later, she found out the debt collection agency dismissed the case.
Respond with SoloSuit fast and beat debt collectors in court.
When considering debt relief programs and legal aid organizations, you need to carry out thorough research before signing up for any service or plan. While many reputable organizations will genuinely assist you, some deliberately scam and deceive their customers.
Here are a few legit legal aid organizations available in Vermont:
Often, being sued over debt can cause stress, panic, and in extreme cases, depression. Understanding the unique laws and resources available to you can help you navigate most debt situations successfully. While summons and complaints from the debt collector can be scary, you should never forget that there are consumer protection laws in place to protect you from exploitative debt collectors.
Contacting an attorney or filing a response via SoloSuit can help ease the pressure from debt collectors. Ensure that you follow all steps required to answer the plaintiff's Summons and Complaint and file your Answer within the stipulated timeline.
Understanding your options and taking advantage of all the available resources will help you make wise decisions while keeping debt collectors at bay. Remember, SoloSuit makes answering a debt collection Summons easier, quicker, and stress-free!
If you've only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it's by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can't call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.
Get started with a Debt Validation Letter here.
To learn more about how a Debt Validation Letter can help you, check out this video:
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
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