Hannah Locklear | May 22, 2024
Fact-checked by 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: You have 20 days to respond to a debt lawsuit in Indiana. To respond, you should address each claim listed against you in the Complaint, assert your affirmative defenses, and send a copy of your Answer document to the opposing attorney after filing it with the court. You can also consider settling the debt before going to court. SoloSuit can help you with each of these steps and more.
Let's be real here, nobody enjoys talking to debt collectors. It's like getting a call from your dentist to remind you of your root canal appointment. Fun times, right?
But in all seriousness, being in debt can be overwhelming, especially when the collection calls and letters start pouring in. And if things don't improve, you might find yourself facing a lawsuit. Yikes.
But fear not, we've got your back. We know how tough it can be, and we're here to help. So let's dive into what you need to know if you receive a Summons for a debt in Indiana.
First things first, the court is basically telling you that a lawsuit has been filed against you. And if you ignore it, you're basically handing the creditor an easy win. And let's face it, you don't want to owe them even more money than you already do.
So what should you do? Answer the Summons, and fight back. You have rights, and Indiana has laws in place to protect you. Don't let debt collectors win without a fight. Trust us, it's much more satisfying to come out on top.
In this article, we’ll cover all everything you should know to respond to a debt lawsuit in Indiana. This includes state-specific deadlines, forms, and laws. Without further ado, let’s get right to it.
Sued for debt in Indiana? SoloSuit can help you file an Answer into your case before the 20-day deadline.
Start my Answer.In Indiana, you only have 20 days to file an Answer with the court after you're served the Summons and Complaint. Indiana Civil Procedure Rule 6(C) states:
“A responsive pleading required under these rules, shall be served within twenty [20] days after service of the prior pleading.”
When you receive a Summons, you may not know what to do or who to call. You may not be able to afford an attorney to represent you in court. But if you do nothing, it will snowball. Filing a written Answer gives you a fighting chance, and your case may even be dismissed.
Without a response from you, the court may enter a default judgment against you, which gives the creditor the ability to seize your bank account, garnish your wages, and attach a lien on your home to recoup the money you owe. You'll owe whatever the plaintiff says you owe (plus interest), and at that point, there's little you can do about it. This is why it's so important to respond within 20 days to give yourself a fighting chance.
The SoloSuit Answer form is probably the easiest way to create your response. SoloSuit's Answer form is legitimate and professional, and it can even include an attorney's review of your documents before filing. This is a tried and true method, as SoloSuit has successfully filed Answers for pro se defendants in dozens of cases in Indiana. Keep reading to find out more about what we can do to help.
Indiana does not have a statewide Answer form for self represented litigants in civil cases, but here's an example form for an appearance by an attorney in a civil case, to give you an idea of what an attorney would fill out if they represented you.
It's important to pay attention to the time limit for response, which we mentioned earlier is 20 days. If you don't respond within the 20-day period, you will automatically lose your case by default judgment. This opens the door to further financial problems. But there's no reason you have to let this happen.
Fortunately, answering the Summons is easy, and you have just three steps to submit a response:
Sit back while we explain the process in more detail. Don’t like reading? Check out this video to learn more instead:
It may seem a little daunting at first, but follow the instructions we've given and it will make sense to you.
Read the entire complaint, and decide how you want to respond to each of the numbered paragraphs. You should answer each accusation with one of these three responses:
Many attorneys recommend denying all of the accusations (known as a “general denial”). This makes it harder for the plaintiff, because they have to prove the allegations are true, which requires more work, time, and resources on their part. Answer each allegation honestly, and it's fine to say that you don't know the answer. If you disagree, include a sentence of why you disagree.
Ultimately, it's up to you how you respond, and you can also amend your answer later if you need to.
This is the part where you get to share your side of the story, or in other words, defend yourself. Avoid lengthy answers and stories. You must list all your affirmative defenses now, because once you've filed your Answer, you can't bring them up in the future if the case progresses.
Here are some common affirmative defenses you can consider:
Note that your inability to pay the debt will not qualify as an affirmative defense, unless you've previously filed for bankruptcy. If you use this defense, you need to produce documentation showing that the debt was, in fact, legally discharged.
Finally, it's time for you to swing the bat and hit the ball back into their court.
File the original copy of your Answer with the court and send a copy of it to the plaintiff's attorney. Fortunately, Indiana also has e-filing available, so you don't have to use snail mail to send your Answer. If you choose to mail it in, make sure to send it via certified mail with a return receipt requested. You'll be able to trace the letter if it's lost, and you will get a postcard back if and when the recipient does receive it and sign for it.
SoloSuit can help you file an Answer in all 50 states.
Alias Summons is just a fancy way of saying the second Summons served after the first Summons failed delivery. In other words, if the plaintiff tried to serve you with the original Summons and you weren't reached, they will send another alias Summons to continue with the lawsuit.
The rules for responding to an alias Summons are the same as any other Summons: you should respond with a written Answer within 20 days to avoid default judgment. Review the tips above for more information on responding to an alias Summons in Indiana.
If you're never served a Summons, the lawsuit may continue forward without your knowledge. If this is the case, a default judgment may be entered in the case.
If you find out that a judgment is against you without ever receiving a Summons, you can file a Motion to Set Aside Judgment and explain to the court that you were unaware of the suit. If the court accepts your Motion (which they almost always do), you will be able to respond with your written Answer and use "improper service" as one of your affirmative defenses.
Check out this handy flowchart that outlines the possible routes a debt lawsuit can take:
Like we mentioned before, you have 20 days to respond to a debt lawsuit in Indiana. If you don't, the plaintiff (person suing) can file a default judgment against you. With a default judgment, they can take money directly from your bank account, paycheck, and put liens on your property.
Let’s take a look at an example.
Example: John was sued by Discover Card for a credit card debt in Indiana. John was served the court Summons and Complaint on March 5, 2022, but he failed to respond before March 26, 2022. As a result, Discover Card filed a default judgment against him, and the court granted it. Months later, John noticed that his paycheck had been significantly reduced: Discover Card had garnished his wages and requested that his employer take out money each month to pay off the debt.
Don't be John in this situation. File your Answer as soon as possible to give yourself the best chance at winning the case.
The statute of limitations is a legal time limit that someone has to file a lawsuit against you. Indiana has more than one statute of limitations on debt, and it depends on the type of debt. The table below illustrates the statute of limitations on different types of debt in Indiana, as outlined in Ind. Code §34 Article 11.
Debt Type | Deadline |
---|---|
Credit Card | 6 years |
Medical | 6 years |
Auto Loan | 6 years |
Student Loan | 6 years |
Personal Loan | 6 years |
Promissory Note | 10 years |
Mortgage | 10 years |
Judgment | 20 years |
Source: Ind. Code § 34-11-2-9, 11, 12 |
In other words, the statute of limitations on credit card debt, and most other types of debt, is six years in Indiana.
The date starts on the last activity on an account, such as the last time you purchased something using a credit card or the last time you paid off your balance.
If a debt is past the Indiana statute of limitations for that type, the company can no longer file a lawsuit against you for it. If they do (and many try it), one of your defenses is that the debt is too old.
For instance, 8 years after defaulting on a credit card debt, you're sued by a collections agency. It may still be on your credit report, but because it's two years past the statute of limitations, they can no longer sue for it. That's one of the many reasons you must file an answer. If you don't, they'll win, and you'll owe not only the debt but attorney fees and other costs, too.
Note that after the statute of limitations expires, your debt doesn’t disappear. However, debt collectors no longer have legal grounds to sue you for the unpaid debt, which protects you from the threat of wage garnishment, judgment liens, or other complications.
Maybe you know that you owe the debt. If this is the case, you might be wondering if debt settlement is a good option for you.
If you’ve been sued for debt, you can reach out to your creditors or debt collectors at any stage of the lawsuit to discuss debt settlement. Debt settlement is the process by which a consumer, like you, settles an outstanding debt for an amount that is less than the full amount owed.
SoloSettle, powered by SoloSuit, makes the debt settlement process simple.
As a tech-based approach to debt settlement, SoloSettle’s software can help you send and receive settlement offers until an agreement is reached. Then, it helps manage your documentation of the settlement and transfers your payment to the creditor or debt collector, keeping your financial information private and secure.
SoloSettle can help you settle your debt in Indiana for less.
To learn more about how SoloSettle can help you settle your debt for good, watch this video:
If you need to find a lawyer but don't have the funds for a retainer, you can seek legal help at some of these organizations:
Indiana Legal Services, Inc.
800-869-0212
With the main office in Indianapolis and eight branch offices throughout the state, this nonprofit law firm provides legal assistance for civil (non-criminal) matters to eligible low-income families in the state of Indiana.
Indiana Legal Help
Supported by the Indiana Bar Association and the Indiana Supreme Court through the Coalition for Court Access, Indiana Legal Help offers assistance with civil matters to citizens “of limited means.” Contact them at info@indianalegalhelp.org, or use their directory page to find legal help.
Indianapolis Bar Association
135 N. Pennsylvania St., Suite 1500
Indianapolis, IN 46204
Phone: (317) 269-2000
Fax: (317) 269-1915
Indianapolis Legal Aid Society
615 N Alabama St #122
Indianapolis, IN 46204
Phone: (317) 635-9538
Fax: (317) 631-4423
Legal Services Organization of Indiana Inc.
151 North Delaware Street, Suite 1800
Indianapolis IN, 46204-2517
Hotline: (317)632-5764 (intake)
Phone: (800) 869-0212
Phone: (317)631-9436 (TDD)
Legal Services Program of Northern Indiana Inc.
639 Columbia St.
Lafayette IN, 47902-1455
Phone: (800) 382-7581
Legal Aid Corporation of Tippecanoe County, Inc.
212 N. 5th St.
Lafayette, IN 47901-1404
(765) 742-1068
Christian Ministries of Delaware County
401 E. Main St.
Muncie, IN 47305
(765) 288-0601
Indiana Legal Services - Consumer Law Center
Plaza Square South Suite 5
3303 Plaza Drive
New Albany, IN 47150
(812) 945-4123
Notre Dame Law Clinic
725 Howard Street
South Bend, IN 46617
(574) 631-6704
Valparaiso School of Law Clinic
651 South College Heritage Hall
Valparaiso University
Valparaiso, IN 46383
(219) 465-7903
If you have outstanding debt in Indiana, your creditors or debt collectors can take you to court to collect. Should you lose your case, the court may issue a judgment against you, granting your creditor certain powers over you to collect the debt.
This can include wage garnishment, in which a portion of your paycheck will be automatically deducted and allocated toward your debt. While there’s not much you can do once a judgment has been rendered, there are wage garnishment laws that protect you against excessive garnishment.
Here are some of the ways wage garnishment laws in Indiana can help you.
Wage garnishment only applies to your “disposable” earnings. According to Ind. Code § 24-4.5-5-105, disposable earnings include your income minus any required withholdings, usually state and federal taxes.
However, your disposable earnings can still include money set aside for voluntary withholdings, so the money you allocate for health insurance or retirement contributions can still be garnished.
According to Indiana law, creditors can only garnish your wages to a certain amount. Ind. Code § 24-4.5-5-105 limits wage garnishment to whichever of the following is lesser:
However, there are exceptions to these limits for debts that include child support, back taxes, or federal student loans, which can be significantly higher. Wage garnishment for back child support can be as high as 65% until the debt is repaid.
Indiana allows debtors to request a reduction in their wage garnishment. If you can prove that you have a good cause, such as financial hardship, you can pay a reduced garnishment between 10% and 25% of your weekly disposable earnings. But the exact amount is ultimately at the judge’s discretion.
Many debt collection lawsuits are lost due to default judgment, which means that the debtor failed to provide a legal response to the lawsuit. You can avoid a default judgment by filing an Answer with the local court. An Answer is a document indicating your willingness to fight the lawsuit.
You’ll need to act fast. In many cases, you have as little as 14 days to file an Answer before a default judgment is rendered.
SoloSuit makes it fast and easy to draft and file an Answer. Use the online platform to answer a few questions, then print and file the Answer with the appropriate court. You can also have SoloSuit do the filing for you, and even have an attorney review the document on your behalf.
Avoid a default judgment by creating your Answer with SoloSuit.
While wage garnishment laws protect you after you’ve received a judgment against you, other laws safeguard you more generally from aggressive debt collection practices. Both federal and Indiana debt collection laws are designed to shield consumers from dishonest debt collectors and harassing phone calls.
Here’s an overview of what debt collectors are prohibited from doing.
Indiana residents are protected by federal guidelines set out in the Fair Debt Collection Practices Act (FDCPA). This act restricts debt collectors from such practices as:
Consumers can report FDCPA violations to the Federal Trade Commission (FTC) or Consumer Financial Protection Bureau (CFPB). To reach the FTC, simply use the FTC website or call 877-382-4357. You can reach the CFPB through the CFPB website or by calling 855-411-2372.
It’s important to note that the FDCPA only protects you from third-party debt collection agencies, not your original creditor. So if a lender is contacting you about an overdue car payment, you are not granted the same protections as you would if you were being contacted by a debt collector.
Indiana law requires debt collectors to provide written validation of your debt. This means that they must provide:
It’s not unusual for debt collectors to request that you send a “good faith” payment to keep your account in good standing. It’s best not to do this because it can be interpreted as an acknowledgment that the debt is yours.
Instead, use a Debt Validation Letter to compel the debt collector to verify the debt. If they are not able to do so, they cannot continue to contact you without violating the FDCPA.
If you send a Debt Validation Letter, your debt collector will likely respond with evidence that the debt is yours. You’ll typically have 30 days to dispute the debt, which is legal under Indiana law.
If this time period lapses, it will be interpreted as an admission by you that the debt is valid, and the debt collector can continue making efforts to collect.
Consumer debt can be a massive burden to carry. Thankfully, Indiana residents have several options for finding relief. Here are some of the best Indiana debt relief options available in Indiana.
Indiana is home to many federally approved credit counseling agencies. These agencies can help you create a debt management plan that helps you pay off your debt. A debt counselor can even contact your creditors to invite them to participate — though they are not obligated to do so.
Most debt management plans empower you to escape debt within 5 years. However, you’ll have to commit to not taking on more debt during this time.
One of your best debt relief options is to settle your debt for less than what you currently owe. Many creditors are willing to accept a lower settlement amount if it means avoiding further legal or administrative complications.
Start by offering to pay 60% of your original amount. Your creditor may come back with a counteroffer, which you can accept or reject. The point is to find a mutually agreeable solution that settles your debt once and for all.
SoloSettle makes this process simple by serving as the “middleman” between you and your creditors. Just use the online platform to submit offers and negotiate without having to speak directly with your creditors. SoloSettle can even handle payment for added peace of mind.
Start using SoloSettle today to negotiate with even the toughest creditors.
Debt relief companies make big promises about settling your debt for less. You’ll be asked to open a dedicated account and make monthly deposits — ideally less than your current monthly debt payments. Once your account reaches a certain threshold, your debt relief company will negotiate a settlement on your behalf.
Some debt relief companies offer legitimate help. But there are so many scams in operation that the FTC website specifically lists companies to avoid. Even legitimate companies can charge a fee, and your debt will continue to damage your credit while waiting for your money to accumulate.
Indiana has multiple state-level programs that can aid those who are struggling financially. While these programs are not specifically aimed at debt relief, they can provide assistance to individuals and families with their finances, which can be especially important when juggling debt.
These programs include:
Eligibility criteria vary by program, but each of these options can provide financial support and relief for struggling debtors.
You may be able to consolidate multiple debts under a single loan. Debt consolidation companies can provide you with a loan that eliminates the other debts you’re paying. Ideally, the interest rate will be lower, though to qualify, you may need to have strong credit.
For instance, some credit card companies offer a balance transfer card. They may even offer promotional offers of 0% interest for your first year.
If you’re able to pay off your debt in that time, you can save a lot of money on interest. But proceed with caution, as with some card issuers, you can be charged the full interest rate — including back pay — if you miss a single payment during the promotional window.
Filing for bankruptcy can eliminate most unsecured debts, giving you the chance to start over. But this option should only be used as a last resort, since it can mar your credit for up to 10 years.
Additionally, bankruptcy will only eliminate unsecured debts and won’t touch debts that include student loans, back taxes, alimony payments, or child support. In Chapter 7 bankruptcy, your assets can be liquidated to pay your debt, which means that you’ll risk losing your possessions.
We asked an attorney for tips on the best ways to find debt relief. In the video below, the attorney breaks down the pros and cons of debt settlement, consolidation, and bankruptcy.
Are you currently involved in a court case? Indiana provides several means to check your status. So if you’ve been sued over debt, you can check with the Indiana court system to track the status of the case. Here are the simplest ways to check your court case status in Indiana, whether it’s online or in person.
Contact your county clerk’s office to request records, documents, or even transcripts of the case. Simply reach out to the clerk’s office in the same county in which your case was held.
You can also search for your case online. Indiana's Public Records website will include civil court records. You can also use Indiana’s court case search, which includes case information from courts that use the state’s Odyssey e-file system.
When you search, you can enter terms such as:
Indiana’s records website will also allow you to narrow your search to a court or group of courts, such as appellate or commercial courts.
If you can’t find your court case online, it’s possible that it hasn’t appeared in Indiana’s public records just yet — especially if your case is brand-new. If this happens, you may want to contact the clerk’s office directly for information or assistance.
Keep in mind that if you’re inquiring about a case on behalf of someone else, the court may limit the information they’re able to provide. This usually means they won’t give out contact information, and they may restrict other information on a per-case basis.
Get on the path to resolving your debt. Find your local Indiana court below and get started on your Answer.
So, in short, here's the review on how to answer a Summons for debt collection in Indiana.
Follow these steps to respond and defend yourself against the lawsuit:
Consider reaching out to settle the debt before going to court. If you'd like some help, Solosuit's easy online services can take care of everything in a matter of minutes.
We hope this gives you a better idea of how to move forward, as well as a little peace of mind when it comes to dealing with a debt collection lawsuit in Indiana. Good Luck!
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.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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