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How to Answer a Summons for Debt Collection in Washington (2024 Guide)

Eva Bacevice | June 14, 2024

Eva Bacevice
Attorney
Eva Bacevice, JD

Eva Bacevice is a licensed attorney and Academic Advisor for the BBA program at the University of Michigan Ross School of Business. Before her role in higher education, Eva practiced law for close to a decade, specializing in consumer bankruptcy after earning a Juris Doctor at the University of Michigan Law School.

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.

Summary: This guide will show you how to respond to a debt collection lawsuit in Washington. You must file your Answer within 20 days of receiving the Summons and Complaint. In your Answer, respond to each claim against you and assert your affirmative defenses. You can also use SoloSuit to respond in just 15 minutes.

Have you received a dreaded Summons and Complaint about a debt? You might be tempted to ignore it but that is the worst thing that you can do! Not responding ensures that you automatically lose.

Just remember, you are not alone. Over 70 million people in the U.S. have to deal with debt collections every year. If you take care of the process correctly, then you will have far greater success than if you try to hide from the problem.

If you live in Washington state and you need help responding to a debt collection lawsuit then please check out SoloSuit's automated services. We can help you navigate the often-complicated Washington state debt collection laws.

We know that you don't want to face being sued over a debt and we understand exactly how you feel. This article was created to help you make it through the process so you can properly respond to the debt lawsuit. We will explain how to correctly answer a summons that you receive from a debt collection agency in Washington state.

Below you will find the proper way to respond to a summons issued by a debt collection agency in the Evergreen State. We will provide specific information on filing in Washington, any necessary WA deadlines, and information about the forms you might need to complete the process.

Respond to a Summons in Washington.

Sued for debt in Washington? SoloSuit can help you file an Answer into your case before the 20-day deadline.

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Table of Contents

Washington Deadline for Answering a Debt Collection Summons

You will have 20 days to file an answer with the Washington court once you are served the Summons and Complaint, according to Washington Rules of Civil Procedure Rule 12(a)(1-2), which states:

“(a) When Presented. A defendant shall serve an answer within the following periods: (1) Within 20 days, exclusive of the day of service, after the service of the summons and complaint upon the defendant pursuant to rule 4.”

Please remember, this countdown does not start from the 20 days stamped on the Summons and Complaint, but it is 20 days from the date after the day you were handed or mailed the Summons.

Washington Answer to Summons forms

To respond to the Summons and Complaint, you need to create and file an Answer.

The easiest way to make your own Answer is with SoloSuit’s Answer form. SoloSuit’s software allows you to create an Answer that is customized to your case, in the proper format, with the proper legal wording. All you have to do is respond to a few simple questions.

Additionally, we'll have an attorney review and file the completed documents, so you can rest assured that all the details and deadlines have been followed to the letter.

Check to see if this form will work for you with this sample Answer form.

Alternatively, you can use this form to do it on your own. This is a general form that covers civil lawsuits issued for debt collection cases in Washington, which you can use to respond to the Summons and Complaint documents. Filling out an Answer gives you a chance to tell the court that the debt collectors' claims are not true.

Know the requirements to respond to a debt collection case in Washington

After you receive a Summons and Complaint, you have the right to disagree in writing by delivering your Answer. It is imperative that you disagree with the statements made in the complaint, or the judge will see your silence as agreement and may give the debt collector what they are seeking. Remember, the debt collector wins by default if you do not respond with a written Answer. If a default judgment is entered against you, then you will receive a Notice of Judgement, this is especially true if you have not at least filed a Notice of Appearance.

Sadly, once the debt collector receives a judgment against you then they can take your money from your bank account and paycheck. They can even take property that you own in an effort to pay the judgment. It is imperative that you respond to the Summons and Complaint with an Answer or Notice of Appearance, so you do not lose by default.

According to the Washington state debt collection laws, this Answer must be filed within 20 days of receiving the Summons and Complaint.

In order to respond to a debt collection case in Washington, you must deliver to the debt collector's representative who signed the Summons and Complaint one of the following:

  • A Notice of Appearance
  • An Answer

You must also file a copy of your Answer or Notice of Appearance with the court and send another copy to the collector's attorney.

What is a Notice of Appearance?

A Notice of Appearance is a statement that says you will appear in the lawsuit. If you opt to deliver a Notice of Appearance then it will stop the debt collection, Washington State court will be unable to enter a default judgment without first providing a hearing. However, please remember that a Notice of Appearance does not explain your side of the story and position in the lawsuit. An Answer explains your case and is an important document to file.

Use these step to respond to a Washington debt collection lawsuit

The lawsuit starts when the debt collector serves you with two documents that are sent either via mail or delivered in person. The documents are referred to as the Summons and Complaint. The Summons is the official notification of the lawsuit, while the Complaint outlines all the specific claims that are being made against you.

In Washington State, you will have 20 days to respond either with a Notice of Appearance or an Answer. Ideally, you should use an Answer, so you have the chance to explain your side of things briefly. To respond with an Answer, you must use the proper document.

Remember, if you fail to respond within 20 days then you will lose your case and a default judgment will be entered. With a default judgment, creditors and debt collectors can garnish your wages and seize your property.

Follow these three steps to respond to a Complaint and Summons in Washington and avoid a default judgment:

  1. Answer each issue listed in the Complaint.
  2. Assert affirmative defenses.
  3. File the Answer with the court, and serve the plaintiff.

Below, we break down each of these steps in detail. Don’t like reading? Check out this video to learn more instead:

1. Answer each issue listed in the Complaint

You might hesitate to answer the Complaint, but with proper instructions, the entire process is relatively simple. You need to take the time to read the complaint and then completely fill out the Answer. Basically, you have three ways to respond to each paragraph of the Complaint :

  • Admit: This means “I Agree”
  • Deny: This means “I disagree”
  • Deny for lack of knowledge: This means “I don't know”

SoloSuit makes it simple to respond the right way.

Pick the appropriate response and then fill in your answer. Be sure to list each answer with the number of the paragraph.

Choose one of these responses and write it into your Answer. List each answer with the number for the corresponding paragraph.

2. Assert affirmative defenses

With an affirmative defense, you are stating that the debt collector who is suing you does not have a case. This means that you must list your defenses in your Answer.

Typical defenses include:

  • The debt collector is mistaken, and the debt is not yours.
  • You do not owe the creditor because the debt was canceled.
  • The Washington state debt collection statute of limitations has expired (statute in Washington is three years).
  • You partially paid the debt.
  • The debt has been paid in full or excused.
  • You acted as a co-signer, but you were never told your rights when acting as a co-signer.

With SoloSuit you can make the right affirmative defenses the right way.

Merely stating that you are unable to pay the debt is not a defense.

3. File the Answer with the court, and serve the plaintiff

You are almost to the end of completing the response so please do not forget to file your Answer. You would be amazed at how many people do not undertake this final step.

In order to file the Answer form:

  • Print two Answer forms
  • Mail or deliver one copy to the court
  • Mail the other copy to the debt collector or the debt collector's attorney

SoloSuit files for you.

You may find the needed address printed on the Summons and Complaint that you received. It may be absent. If you need the address, give us a call.

That is the basic process for responding to a debt lawsuit. Now that you know the process, let's consider a few frequently asked questions that many might have about filing an Answer to a Summons and Complaint.

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Statute of Limitations on Debt in Washington

The statute of limitations is a law that sets a deadline on a debt. Once that debt deadline is past, a collector cannot legally sue you for the debt. But that doesn't mean they won't sue you. And it is still up to you to bring up this defense in your Answer. If you don't bring it up, it won't be enforced.

In Washington, the deadlines from the statute of limitations ranges from 3 years to 10 years, based on the type of debt.

According to Washington Rules of Civil Procedure, §4.16.040 states:

“The following actions shall be commenced within six years:
(1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).
(2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.
(3) An action for the rents and profits or for the use and occupation of real estate.”

This means that the Washington statute of limitations on credit card debt is six years. Likewise, the statute of limitations on writing contracts, other debts, and rental debt is all six years in Washington too.

Similarly, §4.16.080(3) states:

“(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument.”

In other words, the Washington statute of limitations on open contracts or oral contracts is only three years.

The table below further outlines the statute of limitations on different types of debts in Washington:

Statute of Limitations on Debt in Washington

Debt Type Deadline
Oral Contract 3 years
Credit Card 6 years
Medical 6 years
Student Loan 6 years
Auto Loan 6 years
Mortgage 6 years
Personal Loan 6 years
Judgment 10 years
Wash. Rev. Code § 4.16.020, § 4.16.040 and § 4.16.080

Know Washington state collection laws

Educating yourself on the debt collection laws that govern Washington state will help you protect yourself from abusive and manipulative debt collectors. The Fair Debt Collection Practices Act and the Washington State Legislature protect you from such abuse and manipulation. Here, we will explain everything you should know.

Your rights are also protected at the federal level

According to the Federal Debt Collection Practices Act (FDCPA), debt collectors are prohibited from such practices as:

  • Calling you multiple times per day.
  • Failing to identify themselves as a debt collector.
  • Refusing to validate your debt.
  • Threatening to arrest you if you don’t pay.
  • Impersonating a lawyer/law enforcement.

Additionally, debt collectors must validate your debt by providing you with the name of your original creditor and the amount you owe. You must receive this information in writing, after which you have 30 days to dispute the debt.

Your rights are protected at the state level

Washington’s debt collection laws add an additional layer of protection to state residents. Under RCW 19.16.250(13), debt collectors may not:

  • Call you after you tell them to stop.
  • Call you at home more than three times in a single week.
  • Call you at work more than once a week.
  • Using profane or offensive language.

As with the FDCPA, Washington law RCW 19.16.250(4, 14-16) prohibits debt collectors from misrepresenting who they are, nor are they permitted to impersonate representatives of law enforcement or other state agencies.

If a debt collector has violated any of these laws, or used any of these tactics to get you to pay off a debt, you can report them to one of the following agencies:

Report Debt Collection Violations in Washington

Department of Licensing Washington State Attorney General Federal Trade Commission
Collection Agency Board
PO Box 9034
Olympia, WA 98507-9034
Phone: 800-451-7985
Email: BLS@dol.wa.gov
Consumer Protection Division
800 5th Ave., Suite 2000
Seattle, WA 98104-3188
Phone: 1-800-551-4636
Online Complaint: www.atg.wa.gov/file-complaint
915 Second Avenue, Room 2806
Seattle, Washington 98174
Phone: 1-877-382-4357
Website: ftccomplaintassistant.gov

Alternatively, you may also report them to the Consumer Financial Protection Bureau through the CFPB’s website or by calling 855-411-2372. Just remember that these laws apply only to debt collectors and may not apply to your original creditors.

What exactly is a Summons and Complaint?

When you are sued for debt, you should receive a court Summons and Complaint. These are legal documents that initiate a debt lawsuit case. The Summons lets you know that a complaint has been filed with the court and that you are being sued. The Complaint outlines all the specific claims that are being made against you (how much you owe, who you owe, dates of missed payments, etc).

Do I have to respond to the Summons and Complaint?

Yes, you must file a written Answer to the Summons and Complaint if you want to avoid a default judgment. A default judgment means you automatically lose. At the very least, you must file a Notice of Appearance in Washington state to avoid the default judgment.

If you fail to file an Answer and a default judgment is entered against you, then the company or collector suing you has the legal right to garnish your wages, put liens on your property, and even freeze your bank account. This is why it is so crucial to respond to the Summons and Complaint.

What if I do not file the Answer to the Summons and Complaint?

If you do not file an Answer, you will automatically lose the case. Like we mentioned, this gives the collector the chance to file a default judgment against you, which gives them the right to access your paycheck and take money out of it each month. The debt collector will be given everything that they are asking for, including court fees and attorney costs.

Can the debt collector still file a Summons and Complaint against me if I offer to pay off the debt later?

Yes, the debt collector can still file a lawsuit against you. Also, if the debt collector wins, then the court will usually add on additional costs. Please remember, the debt collector is under no obligation to accept anything less than what they claim you owe.

If I cannot afford to pay the debt, can I still be sued?

Yes, the inability to pay the debt is not considered a valid defense.

That being said, you still have options. For example, if you've already been sued and you can't afford to pay the full amount, you can reach out to the collector and make a settlement offer. Here's how it works.

Since most debt collection agencies purchase old debts from credit card companies, banks, and other financial institutions for as little as 8% of the original debt amount, they will still make a profit when you pay back a portion of the debt. If you are stressed about paying off the debt in full, consider negotiating a settlement. This video explains some helpful hints for negotiating a settlement that's ideal for you:

Washington Legal Aid Organizations

Washington state does have government-funded organizations that provides free legal services if you fit certain criteria. Here are some:

Check the status of your Washington court case

If you’ve been sued over debt, it’s vital to stay up-to-date on the status of your case. Here’s how to check the status of your Washington court case.

Find your case number

To access your court records, you’ll need to locate your case number. Your case number is typically found on your records and written in the lawsuit. It may be made up of numbers or letters, and the format varies based on the court.

What if you can’t find your number or paperwork? You can submit a written request to the local courthouse asking the court custodian to search for the number. You can also search online through the Washington Court Case Search Portal.

Access your case in person

You can request case information in person by asking the court clerk for assistance. Depending on the courthouse, you may need to submit a written request, though you may have access to a self-service portal to search the records on your own.

Not sure which courthouse is handling your case? Use the Washington court directory, then find courthouses by county.

Access your case online

Washington residents can also search for information using the Washington Court Case Search Portal. This site lets you search records using criteria such as:

  • Case search
  • Party names
  • Attorney names
  • Court date

The more information you can provide, the easier it will be to narrow your search to your specific case.

Stop wage garnishment in Washington

When you lose a debt collection case, the courts can render a judgment against you. This judgment will give your creditors certain legal rights over you, which may include the right to garnish your wages to pay your debt. But creditors don’t have absolute rights over your finances. Here’s how to stop wage garnishment in Washington or prevent it before it happens.

Creditors must obtain a court order to garnish your wages

No creditor can garnish your wages without a court order. That’s why it’s essential to respond quickly to a debt collection lawsuit. Otherwise, you risk losing your case to a default judgment.

If you’ve been sued, it’s important to file an Answer with the court indicating your willingness to fight. You often have as little as 14 days to file an Answer before you’ll face a default judgment.

File an Answer today using SoloSuit’s easy-to-use platform.

Know your rights under wage garnishment limits

Creditors can only garnish your wages up to a certain amount. Under RCW 6.27.150, wage garnishment limits vary by the type of debt, such as:

  • Consumer debt: Creditors may only garnish 20% or start deducting once your income exceeds 35 times the state minimum wage ($16.64/hour).
  • Private student loans: Creditors are limited to 15% of your income, or the amount that exceeds 50 times the state minimum wage.
  • All other debts: Creditors may only garnish 25% of your wages or the amount that exceeds 35 times the state minimum wage.

Additionally, certain forms of income are exempt from garnishment. This includes retirement benefits, Social Security income, and worker’s compensation. This means that creditors cannot exceed these limits, which protects your wages from excessive garnishment.

Object to excessive wage garnishment

Are your wages being unfairly garnished? You can object to the garnishment on the following grounds:

  • Incorrect amount: The creditor has made a miscalculation in the amount.
  • Improper service: You were not issued a garnishment notice or allowed to contest the garnishment in court.
  • Exempt income: Your exempt source of income is being garnished.
  • Financial hardship: The garnishment is affecting your ability to cover basic needs.

To contest the garnishment, you’ll need to appear in court. Contact the court that issued the garnishment, who will ask you to complete a form and then issue you a court date. Before the judge issues a ruling, they will need to consider your side as well as that of your creditor, so there’s no guarantee that you’ll see a reduction in wage garnishment.

File an exemption

Washington residents can also file an exemption. If granted, the exemption will protect at least a portion of your income from wage garnishment. You can cite reasons such as:

  • Your income falls below the federal poverty line.
  • Your income is used to support your family by more than 50%.
  • Your income is considered a public assistance earning.
  • Your income is a legal benefit protected by wage garnishment laws.

To file for exemption from wage garnishment in Washington, you’ll need to file a claim of exemption to determine your eligibility. You’ll attend a hearing to review the claim, after which the court will decide on whether to grant the exemption.

Find debt relief in Washington

Are you struggling with high debt? As a resident of Washington, you can take advantage of several Washington debt relief solutions, including the following.

Pursue debt relief programs in Washington

Washington residents might consider debt relief programs that provide financial aid. These programs include:

While these programs don’t immediately address debt, they nonetheless can help you manage your finances while navigating high debt.

Consolidate your debt

Debt consolidation is technically a loan. The goal is to replace multiple forms of debt with a single, low-interest loan. This makes it easier to manage debt and may help you eliminate debt more quickly. But be aware that you’ll need strong credit to qualify for the best interest rates and loan terms.

Find a debt relief company

Debt relief companies make bold promises to eliminate debt in a matter of years. To accomplish this, you’ll stop paying your creditor and make regular deposits into a dedicated account. Once this account reaches a certain threshold, your debt relief company can negotiate a settlement with your original creditor.

This isn’t a bad plan — when it works. But there’s no guarantee that your creditor will accept a settlement offer. Additionally, your credit may continue to drop while you’re waiting for the money to accumulate. To top it off, the debt relief company will likely take a cut of the settlement as payment for their services.

Negotiate your debt with SoloSettle

SoloSuit lets you skip the debt relief agencies by using SoloSettle. This online platform puts you in the driver’s seat during debt settlement negotiations. Just use the online tool to submit a debt settlement offer, then communicate with the creditor until you reach a solution you both can agree on.

By using SoloSettle, you’ll never have to interact directly with the creditor. SoloSettle will even handle your payment once you reach a settlement, eliminating the need for a third-party debt relief agency.

Negotiate a lower settlement by using SoloSettle today.

For tips on how to negotiate with debt collectors and creditors, check out the following tips from a real attorney:

File bankruptcy

Filing bankruptcy can wipe out most of your unsecured debts. In Chapter 7 bankruptcy, your assets can be liquidated to pay creditors, while in Chapter 13, you’ll keep your assets while creating a plan to repay creditors.

Bankruptcy should be a last resort. Not only can you lose your assets, but bankruptcy will remain on your credit report for up to 10 years. And bankruptcy can’t discharge debts relating to student loans, alimony, child support, or back taxes.

Key Takeaways

Overall, you should now have a general idea of how to successfully draft and file an Answer to a Summons and Complaint in Washington State. Here are some key takeaways:

  • You have 20 days to respond to a debt collection lawsuit in Washingtons, starting the day after receiving the Summons and Complaint.
  • You must respond with an Answer or a Notice of Appearance that you file with court.
  • When filling out your Answer form, you should respond to each claim against you and assert your affirmative defenses.
  • Make sure to file your Answer with the court ASAP, and send a copy to the opposing attorney.
  • The Washington statute of limitations on most debts is six years, but for oral contracts, it is three years.
  • Washington state has specific laws to protect you from unfair debt collection practices.

We hope this guide has been helpful. Contact us at SoloSuit if you have any additional questions, and good luck with your case!

File an Answer in your local Washington court

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

Guides on how to resolve debt with every debt collector

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

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

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

Guides on 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.

Stop calls from debt collectors

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.

Federal debt collection laws can protect you

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.

Get debt relief in your state

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 collection laws in all 50 states

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 state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

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

How to stop wage garnishment in your state

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 all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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