George Simons | May 22, 2024
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 Summons in Idaho before you lose automatically. You should respond by filing an Answer with the court. Idaho courts charge a $136 Answer filing fee, and you must pay or your documents will be rejected. SoloSuit can help you respond in just 15 minutes and increase your chances of winning 7x.
“My debt collector is my best friend!” — said no one ever.
No one likes getting sued for a debt. It can be stressful and unfamiliar. But the good news is that even without any legal training, you can defend yourself. If you read and follow the steps outlined below, you will learn how to file the right documents to challenge the lawsuit against you and protect yourself from garnishment.
Below, we’ll discuss everything you should know about how to respond to a debt collection lawsuit in Idaho, including deadlines, forms, fees, and steps to drafting and filing your Answer.
Let’s get right to it.
Sued for debt in Idaho? SoloSuit can help you file an Answer into your case before the 21-day deadline.
Start my Answer.Every lawsuit begins with a Summons and Complaint. Once those documents have been filed, they must be served on you. Once you have been served, a clock starts ticking, meaning you only have a certain amount of time to respond.
Under Rule 12 of Idaho Rules of Civil Procedure, it states:
“(A) a defendant must serve an answer within 21 days after being served with the summons and complaint.”
21 days–In Idaho, you only have 21 days to file an Answer with the court after you're served the Summons and Complaint. There are several things to remember:
If you miss the deadline, you have missed your chance to defend yourself. In only rare circumstances will a judge let you fight a lawsuit after you've missed the deadline.
If you have missed the deadline, the debt collector is entitled to a default judgment. This means the judge will grant their request to allow them to collect the full amount through wage garnishment and liens. If the amount is wrong, or you do not legally owe the money, it is now too late to do anything about it in most cases. So, make sure you don't miss the deadline.
File your Answer to a Summons and Complaint with SoloSuit.
To respond to the lawsuit you must file a document called an "Answer."
This is different from a reply or response, both of which are different legal documents. So if you are searching the internet for forms or information, use the word “answer” and ignore anything about a “reply” or “response.”
Use SoloSuit's free Answer form to respond to a debt collection lawsuit in California. Here’s what it looks like:
It's quick and easy to fill, takes less than 15 minutes, and it has the best track record for debt collection lawsuits (we get cases dismissed every day). And did we mention it's free?
If you prefer to fill out your own Answer, Idaho courts also have some forms you can use to help you get started:
This option might be more challenging, because you have to figure out the legal terms to use to present a strong case. Solosuit’s Answer form helps you use professional, legal language and includes a section to assert your affirmative defenses. Either way, using some sort of form will help you in the process.
Idaho courts charge a mandatory, statewide filing fee to file an Answer into your case. Idaho’s Answer filing fee is $136. If you try to send your Answer without paying the filing fee, the court will reject the document.
We know—it’s not fair to have to pay a fee just to defend yourself, but unfortunately that’s the reality in Idaho courts. If you cannot afford to pay the fee, you can fill out this fee waiver request. There is a good chance the court will grant your request, if you can prove financial hardship, and file your Answer without processing the fee.
When you get sued for debt in Idaho, you should receive a Summons and Complaint in the mail. These are court documents that initiate a lawsuit. The Summons notifies you of the case, while the Complaint lists the specific claims being made against you.
The first step to winning your lawsuit is to respond to the Summons and Complaint by filing a written Answer into the case.
Here are three steps to follow when you Answer a debt collection lawsuit in Idaho:
Now, let’s break down each step in detail. If you don’t like reading, try watching this video instead:
The first section of your Answer document should focus on responding to each numbered claim listed in the Complaint document.
You should create a list with responses that correspond to the numbered list of claims from the Complaint. If you fail to respond to even one of the claims, the court will interpret it as an admission. This is why you should reply to everything listed in the Complaint with one of these three responses:
Most attorneys recommend denying as many claims as possible. This will give you a stronger case, because it forces the opposing party to prove their claims.
Please remember, if you admit a claim in your Answer, you may be unable to deny it later. There is no rule against denying every paragraph but you should agree if you know for a fact that the paragraph is true. Also, do not skip any paragraphs; each numbered paragraph should have a response.
Respond to a Summons and Complaint in minutes with SoloSuit.
What if you want to do more than just deny the claims from the Complaint? What if you have a legal defense? After listing your responses, you should add a section where you assert your affirmative defenses. An affirmative defense is a reason why the person suing you doesn't have a case.
Rule 8(c) of Idaho Rules of Civil Procedure outlines some of the affirmative defenses you can assert in a civil lawsuit:
“(1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including:
(A) accord and satisfaction;
(B) arbitration and award;
(C) assumption of risk;
(D) contributory or comparative responsibility;
(E) duress;
(F) estoppel;
(G) failure of consideration;
(H) fraud;
(I) illegality;
(J) injury by fellow servant;
(K) laches;
(L) license;
(M) payment;
(N) release;
(O) res judicata;
(P) statute of frauds;
(Q) statute of limitations;
(R) waiver; and
(S) discharge in bankruptcy.”
As you can see, there are many affirmative defenses you can use in your Answer document. You’re probably wondering what a lot of these mean. SoloSuit makes it simple by using everyday language when you fill out the Answer form translating it to the legal wording for you.Here are some of the more common affirmative defenses we see in debt collection lawsuits:
These are a few of the many affirmative defenses. There may be others that meet your circumstances. However, you should be aware that simply being unable to pay the debt is not normally a legal defense to the debt.
Make the right affirmative defense the right way with SoloSuit.
Now that you’ve responded to all the claims and assert your affirmative defenses, you’re ready to file your Answer. Here’s what you need to do:
You can mail the documents in or drop them off in person. Or, you can have SoloSuit file your Answer for you and serve the opposing attorney.
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.
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.)
The statute of limitations is a law that governs how much time debt collectors or creditors have to sue someone for a debt.
In Idaho, the statute of limitations on most types of debt is five years, including credit card, meidcal, and most loan debts. For debts resulting from an oral contract, the ID statute of limitations is only four years.
Let's take a closer look at what the actual Idaho law states in regards to the statute of limitations on debt there.
According to Idaho Statutes, §5-217 states:
ACTION ON ORAL CONTRACT. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.”
This means that the Idaho statute of limitations for oral contracts is four years. In other words, the statute of limitations on debt resulting from an oral contract is only four years.
On the other hand, §5-216 states:
“ACTION ON WRITTEN CONTRACT. Within five (5) years:
An action upon any contract, obligation or liability founded upon an instrument in writing.”
Similarly, the Idaho statute of limitations for written contracts is five years. So for any contract that is in writing, debt collectors and creditors only have five years from the last activity on the account to sue.
An inactive account means that no payment has been made on it, and no payment agreement or plan has been set up. If you start making payments on an old debt again, this will restart the clock on the statute of limitations. So always check the statute of limitations on a debt before agreeing to make any payments to your creditor or debt collectors.
However, keep in mind that an expired statute of limitations will do nothing to keep a creditor or debt collector from suing you; they may try to take you to court and hope that you are not aware of the debt timeline. This is why you should use the statute of limitations as an affirmative defense if it applies to your case. It's the only way you can get out of a lawsuit and avoid being pressured to pay the debt.
Use the statute of limitations as an affirmative defense in your Answer.
The table below highlights Idaho's statute of limitations on different types of debt:
Debt Type | Deadline |
---|---|
Oral Contract | 4 years |
Credit Card | 5 years |
Medical | 5 years |
Student Loan | 5 years |
Auto Loan | 5 years |
Mortgage | 5 years |
Personal Loan | 5 years |
Judgment | 11 years |
Idaho Code § 5-215, § 5-216 and § 5-217 |
Idaho residents are protected from dishonest or aggressive debt collectors under both federal and state laws. Here’s an overview of the debt collection laws that protect you in the state of Idaho.
Like all Americans, Idaho residents are covered by the federal Fair Debt Collection Practices Act (FDCPA). This act protects you from misleading practices or harassing phone calls. Under the FDCPA, debt collectors may not do any of the following:
Violations should be noted and reported to the Federal Trade Commission (FTC) through the FTC website or by calling 877-382-4357. You can also report the violator to the Consumer Financial Protection Bureau through the CFPB website or by calling 855-411-2372.
However, the FDCPA only covers debt collectors, not original creditors. If your credit card company calls you more than once per day, this is not a violation of the FDCPA.
According to Idaho Code §26-2223, debt collectors must be licensed in the state of Idaho in order to collect debt on behalf of another person or business entity.
If you’re contacted by a debt collector, make sure to get the agency’s Idaho permit number before engaging in further communication. You may also find this permit information listed on a debt collection letter.
Both the FDCPA and Idaho Code §67-2358 specify that debt collectors must validate the debt that they’re seeking to collect. This means that they must provide information that includes:
Keep in mind that after the debt collector provides you with this information, you have 30 days to dispute your debt. Otherwise, the debt will be assumed to be valid. You can ask a debt collector to validate your debt to stop frequent collection calls.
Like all the other U.S. states, Idoah has government-funded organizations where you can receive free legal services. You can find out more information on how to get legal aid in Idaho below:
Idaho Legal Aid Services, Inc.
(208) 336-8980
1447 S. Tyrell Lane
Boise, ID 83706
ILF Volunteer Lawyers Program
(208) 334-4500
525 W. Jefferson Street
Boise, ID 83702
Idaho residents have options for pursuing debt relief. If you can’t create your own debt management plan, you can contact a debt relief company, seek assistance from state programs, or consolidate your debt. Here’s a quick overview of how to get debt relief in Idaho and the various state programs available.
Start by creating a debt management plan. This simply means tightening your budget so you can allocate money toward your debt. You might also reach out to each creditor to arrange a payment plan — or to adjust your current one.
While a debt management plan is usually the best option, it won’t be effective if you’ve gotten too far behind in your payments.
A debt relief company can negotiate a settlement with your creditors and debt collectors on your behalf. Typically, a debt relief agency will have you open up a dedicated account and deposit money on a monthly basis. Once your account reaches a certain amount, the debt relief company will approach your creditors and make a settlement offer.
This tactic may get you out of debt sooner, and the payments you make to the bank account are typically lower than those you’d make toward your actual debt. Also, you avoid the paperwork and hassles commonly associated with dealing with debt collectors.
On the other hand, debt relief companies typically charge fees for their services, which may add to your financial burdens rather than relieve them. And while you wait for your account to accrue sufficient funds, your credit score is taking a beating. And even if the debt relief company acts in your favor, there’s no guarantee that you’ll see significant savings from a debt settlement.
For these reasons, many consumers settle debt on their own by using tools like SoloSettle.
Idaho residents in overwhelming debt may be eligible for financial assistance. While the following programs are not aimed directly at debt relief, participants may use the benefits offered to manage their finances and find a debt solution:
Each of these programs is designed to help struggling Idaho residents better manage their personal finances.
Debt consolidation involves replacing multiple debts with a single loan — ideally with a lower interest rate. Consolidation can make it easier to manage multiple debts, but the best interest rates demand strong credit scores. And if you miss a payment on your new loan, you could be facing the same challenges as before.
It’s important to stay up to date with your case. You should check the status of your court case in Idaho frequently to ensure you didn’t miss any important actions taken by the plaintiff.
Knowing how to do this is important when you’re trying to keep track of a debt collection lawsuit. It can also be helpful in determining whether there’s an active court case against you. After all, if you’ve been ignoring debt collection phone calls, you may not be aware that collectors are seeking payment.
Idaho law allows service of process by mail at your primary residence. If someone else signed on your behalf, you might have no idea that these papers had been delivered!
If you ignore the lawsuit, you run the risk of a default judgment against you. Instead, you should take these steps to check the status of your Idaho court case:
Idaho residents can use the iCourt Portal to look up court records going all the way back to 1995. The fastest way to find your case is by searching with your record number. But you can also search with your first and last name — or the first and last name of the party being sued if you’re acting on another person’s behalf.
Under the Idaho Court Administrative Rule (ICAR) 32, only certain information can be accessed online. This rule protects your personal contact information, such as your address, Social Security number, and telephone number. Any other information may be disclosed unless those records are deemed exempt by the court.
If you’ve only recently been sued, don’t panic if you can’t find your case online just yet. It may take time for your records to appear in the system. You can always contact the Idaho court directly to ask about the case.
As long as the case is in your name, the court can provide you with information. But if it’s under someone else’s name, you may be asked to file an open records request to obtain that information.
What happens if there’s a lawsuit against you? Make sure to file an Answer with the court as quickly as possible. Doing so will prevent you from facing a default judgment. An Answer is simply a response to the lawsuit indicating your intent to defend yourself in court.
SoloSuit provides a tool to help you file an Answer as quickly as possible. Just use the online platform to answer a few questions about your case. SoloSuit’s software will then generate a customized Answer for you to file into the case. And best of all, SoloSuit can file it on your behalf after an attorney looks it over.
Draft and file your Answer today to avoid a default judgment.
If you’re facing debt in Idaho, your best option is to stop ducking those debt collection phone calls and settle debt in Idaho once and for all. By settling your debt, you’ll pay only a portion of your total debt amount, which allows you an achievable way to escape your debt much faster. Here’s what you can expect when settling your debt in Idaho.
If you haven’t already done so, make sure to file an Answer to the debt collection lawsuit. This Answer will spare you from facing a default judgment, and it gives you the time you’ll need to negotiate a settlement.
Now comes the tricky part. You’ll need to find a settlement amount that works for you and your debt collector or creditor. Start by offering to pay 60% of your total debt. The other party may reject this offer, or it might respond with a counteroffer that you can accept or reject.
This back-and-forth negotiation is why Idaho residents turn to SoloSettle to guide the process. SoloSettle’s online platform allows you to submit offers without having to deal directly with debt collectors and creditors. Instead, you’ll conduct your negotiation through the online platform and only pay once you reach a mutually agreeable solution.
Start the negotiation process by using SoloSettle today!
After you reach a debt settlement agreement, you have one more step to complete: You must get the settlement agreement in writing. Otherwise, you run the risk of a dishonest debt collector going behind your back and seeking a default judgment anyway.
Your debt settlement agreement will include the final debt settlement amount along with any payment terms that you’ve agreed to. In some cases, the debtor makes a lump-sum payment, while other cases may involve a payment plan.
SoloSettle can also aid in submitting payments so that you don’t have to provide personal checks or other information to debt collection agencies or creditors.
A debt settlement will appear on your credit report for up to seven years. This may sound undesirable, but it’s better than trying to live with unresolved debt. In fact, the sooner you’re able to settle your debt, the sooner you can start rebuilding your personal credit.
We wanted to learn more about how to negotiate debt settlement with creditors and debt collectors, so we asked an attorney. Watch the video below for some attorney tips and tricks on how to settle your debt.
What happens if you lose your debt collection lawsuit? Idaho courts can order that you repay the debt through wage garnishment. This means that a portion of your paycheck will go toward the repayment of your debt. The process will last until the debt is fully paid.
However, this doesn’t mean that debt collectors can garnish your wages without a court order. Idaho laws protect you from unfair wage garnishment and can also protect certain sources of income from being garnished.
Below, we explain how to stop wage garnishment in Idaho and prevent it before it happens.
First, it’s important to understand that wage garnishment only applies to your disposable earnings. According to Idaho Code §11-206, this term refers to the money you earn after subtracting required withholdings, namely federal and state taxes.
However, the rest of your paycheck — including withholdings made for things like health insurance and retirement — may be garnished.
Your disposable earnings can therefore be a large portion of your paycheck. But Idaho Code §11-712 limits the amount your paycheck can be garnished to the lesser of the following options:
Therefore, your wages can only be garnished up to a certain point. While this means you’ll keep most of your paycheck, it also means that it may take a long time to pay off your debt.
Wage garnishment is another critical reason to file an Answer to a debt collection lawsuit. If you lose to a default judgment, the court can grant your debt collector or creditor the authority to reclaim the debt through wage garnishment or other means.
Quickly filing an Answer will give you time to settle your debt for less than what you owe, which won’t be an option if you lose the case.
Once you’ve filed your Answer, it’s important to stay updated on the status of your court case. You can call the court clerk or pay a visit to the courthouse to do so.
Here's a list of courts where you might get sued for debt. Find your local court below to start filing your Answer there or check the status of your case there. Good luck!
So, in short, here's the review on how to Answer a Summons for debt collection in Idaho.
We hope this guide has been helpful. Reach out to us at SoloSuit if you have any questions or would like help drafting and filing your Answer. Good luck!
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