George Simons | July 24, 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: Are you a Connecticut resident facing a debt collection lawsuit? If so, we invite you to respond to that lawsuit with the help of SoloSuit. Our automated service will make responding to the lawsuit and protecting your rights easy.
Did you hear about the debt collector who went to a mind reader? — There was no charge.
That's right. Debt collectors are those aggressive types who do not have a whole lot going on upstairs. So, if you push back a little by responding to a debt collection lawsuit, you might find that the debt collector will back off pretty quickly. That is good news for you.
When faced with a debt collection lawsuit, many people ignore it in the hopes that the debt collection problem will go away. But, trust us, ignoring a debt collection lawsuit won't help you in the long run. In fact, the more you avoid the issue the higher your debt, and the lower your credit score, will be. So, let SoloSuit give you a helping hand.
In this article, we will discuss how to answer a summons for a debt collection lawsuit in the State of Connecticut. As you will see, it is not that difficult, and it will really help you get rid of that debt collection cloud that you may be carrying with you.
Sued for debt in California? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.Connecticut law allows you 30 days to answer a lawsuit. That is 30 days from the “return date” that is printed on the summons you receive.
Filing an answer is actually not that difficult, and it is worthwhile given the alternative. If you do not respond to a debt collection lawsuit, then the court will assume that the debt collector should win.
As a consequence, the court will enter what is called a “default judgment” against you. That means that you owe the debt stated in the debt collector's lawsuit. Worse still, the court will add additional money to your outstanding debt by tacking on attorney's fees and interest.
That is all to say that it is better to answer a debt collection lawsuit, rather than ignore it. Answering a suit is not that difficult, and it saves you from automatically losing the case. Don't forget that you need to make sure that you respond within 30 days.
In Connecticut, there are two documents that you need to send to the court in order to respond to a debt collections lawsuit. Those documents are as follows:
To make things easier, there are online forms that you can fill out, making those two documents very easy to create. Where can you find those fillable forms online? You can find them in two places:
First, you can use the answer and appearance forms provided by SoloSuit. They are created especially for lawsuits in the State of Connecticut. They are, without question, the easiest and most user-friendly forms you can use to answer a debt collection lawsuit in Connecticut.
Second, you can use the forms provided by the Connecticut court system. They are available by clicking below:
SoloSuit's form is easyRemember, you must file both forms to respond to a debt collection lawsuit in Connecticut. If you file only one and not the other, there is a chance the court could enter a default judgment against you.
Why use the forms above? The court system in Connecticut, like all other states, has very specific rules regarding what information needs to be included when answering a complaint. So, using the forms above will make sure that you are abiding by all of those specific rules. SoloSuit makes sure you comply with Connecticut rules.
Luckily, there is no filing fee when answering a lawsuit in Connecticut.
When a debt collector sues you in court, the collector must send you two documents, (i) a Summons and (ii) a Complaint. If you have been sued, then you have probably already received those two documents.
The Summons is just a fancy way of putting in writing that the debt collector (the “plaintiff”) is officially notifying you of the lawsuit.
The other document — the Complaint — is what the plaintiff uses to lay out all of the facts surrounding the debt collection case. In the Complaint, you will see a lot of legalese. Do not get worried. It is just a lot of jargon that essentially states that you owe a certain amount of money, and explains why the plaintiff thinks you owe that money.
So, when you get a Summons and Complaint in the mail, you know that the Summons is just notifying you of the lawsuit, and the Complaint lays out all the facts that the plaintiff must prove to get a judgment against you.
Once you receive the lawsuit, the “ball is now in your court,” as they say. As mentioned above, if you do not respond to the lawsuit, then you will automatically lose the case. In addition, the court will enter a default judgment that says that you owe the money (plus fees and interest) that the plaintiff says you owe.
So, you are better off responding to the lawsuit. Accordingly, there are two ways to respond, either by filing a “Motion,” or filing an “Answer.” You will want to respond with an Answer in this context, particularly if you are representing yourself. And remember, you have 30 days in which to file that Answer. So, don't wait too long.
In responding to a debt collection complaint with an Answer, there are four basic steps you need to go through. They are as follows:
No need to worry if you are feeling a little overwhelmed at this point. We are now going to go through each step in some detail so it is easy to understand.
Before you can get to the nitty gritty of telling the court all the reasons why you do not owe all the money that the debt collector says you owe, you need to make sure that you give the court some basic contact information.
The good news is that the Summons and Complaint has most, if not all, of the information that you need to put into your Answer document. That information includes the following:
All of this numerical and identifying information might seem like overkill, but it is very important so that the court can move your case forward properly. As noted, it should not be difficult to provide the information above because you will find it all in the Summons and Complaint that you received from the plaintiff.
Once you have created the Answer and put in all of the necessary case information, it is now time to tell the court whether the facts stated in the Complaint are true or false. Indeed, the response is called an “Answer” because you literally need to “answer” everything stated in the Complaint.
The important thing to remember, though, is that you do not need to spend lots of time writing out a long narrative to respond to the Complaint. Rather, all you need to do is tell the court in your Answer whether you “Agree” or “Disagree” with the information in each of the numbered paragraphs in the Complaint. If you don't know enough to agree or disagree with the information in a certain paragraph, then you can also answer a paragraph by saying “Do Not Know.”
It's that simple. For every paragraph you see in the Complaint, you simply say “Agree,” “Disagree,” or “Do Not Know.”
SoloSuit walks you through this process to make it easy.
Keep in mind that debt collectors try to be tricky. They may put in facts that are both true and untrue in a single numbered paragraph. In those cases, the best option is to say “Disagree” for a paragraph that might have a mix of true and false information.
Once you have had the opportunity to respond to each of the plaintiff's statements in the Complaint, it is now your turn to give your side of the story. In short, you can now assert your “affirmative defenses,” which is another way of saying that you can tell the court why you do not owe the money the plaintiff says you owe.
While at this point you may be inclined to give a long statement about your situation with regard to the debt, keep in mind that “brevity is bliss.” So, try to keep it simple and brief. To that end, here are some common affirmative defenses that you can, and should, include in your Answer when appropriate:
There are other affirmative defenses available, but the above are the most common. Please note that, unfortunately, your inability to pay a debt is not an affirmative defense that can be put into an Answer.
You are almost done, and this is the easy part — mailing the Answer. Here are the steps to properly file and serve the Answer (and the Appearance document, since Connecticut requires that as well).
What are the correct addresses? The address for the plaintiff's attorney should be included with the Summons and Complaint you received in the mail. The address for the court may be on the Summons and Complaint, but if not, use this guide to Connecticut courthouses to find the correct address.
SoloSuit files your Answer for you so you don't need to buy a printer or go to the post office.
SoloSuit makes it easy to respond to a debt collection lawsuit.
SoloSuit is a step-by-step web-app that will ask you all the necessary questions to complete your answer to a complaint. When finished, you can either print the completed forms and mail in the hard copies to the courts. Or, even better you can pay SoloSuit a small fee to file it for you, and also have an attorney review the document.
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Generally, the statute of limitations for credit card debt, and for other written contracts, is 6 years in the State of Connecticut. That means that a company or individual has 6 years to sue on a debt. If a debt collector fails to try to collect a debt within 6 years, then he loses the ability to collect at all. For more on statutes of limitations, read this.
Please note, however, that there may be a different statute of limitations period for other types of debt. See the table below:
Debt Type | Deadline |
---|---|
Credit Card | 6 years |
Medical | 6 years |
Student Loan | 6 years |
Auto Loan | 6 years |
Mortgage | 6 years |
Personal Loan | 6 years |
Judgment | 20 years |
Source: Conn. Gen. Stat. § 52-576 and § 52-598> |
SoloSuit helps you assert the statute of limitations
There is legal help out there if you need it in connection with a debt collection lawsuit. Contact the following for more assistance:
Connecticut Legal Aid
62 Washington Street, 4th Floor
Middletown, Connecticut 06457
Phone (860) 344-0447
Fax (860) 346-2938
Connecticut Legal Services
1290 Silas Deane Highway, Suite 3A,
Wethersfield, Connecticut 06109
Each creditor, whether a large enterprise or small company, must follow Connecticut's fair debt collection practices. Even if you owe a debt, you have a right not to be harassed by debt collectors. If you think that a collector has violated your rights, then you should speak to an attorney about possibly adding a counterclaim when you answer a lawsuit. There are some ways you stop a harassing collector from calling you and avoid getting debt collector calls from blocked numbers.
You’re not alone if you are a Connecticut resident struggling with debt. A high state tax rate, increasing property taxes, and inflation, combined with a high cost of living in Connecticut, create the perfect storm for excessive debt.
World Population Review ranks Connecticut as having the eighth highest cost of living in the U.S. Housing costs in Connecticut have also climbed by 20%, leaving many having difficulty making ends meet.
If you’re being sued by a Connecticut debt collector, make sure you know your rights.
The federal government enacted the Fair Debt Collections Practices Act (FDCPA) to protect consumers from abusive debt collector practices. The act protects consumers from harassment, such as:
If you feel that a debt collector has violated your rights under the FDCPA, file a complaint with the Consumer Financial Protection Bureau or the Better Business Bureau.
Connecticut has enacted several laws to protect the rights of consumers. If a default judgment is placed against you, CT law protects certain items of value. Examples include:
Statute of limitation laws limit how long debt collectors have to pursue action against you. The statute of limitations on debt varies by the type of debt, but for most debts in Connecticut, it is six years.
Once the statute of limitations has expired, the debt becomes time-barred–meaning you can no longer be sued for the unpaid debt. However, debt collectors can continue to pursue you in an attempt to get you to pay the debt even after the statute of limitations has expired.
There are three options for debt relief in CT: debt settlement, debt consolidation, and bankruptcy. Deciding which one is right for you will depend on your unique circumstances. Let’s explore your options.
Debt settlement allows you to settle some of your debts for less than you owe. While this can result in a hit to your credit report, it can be one of the fastest ways to get your debt under control.
Consumers have the option of working with a debt consolidation company, which charges fees based on the amount of debt settled, or settling debts on their own. If you want to remain in charge of how your debts are settled, visit SoloSettle, which leverages technology to help you craft debt settlement letters and debt settlement agreements.
Debt consolidation involves taking out a loan to pay off your creditors, preferably at a favorable interest rate. The result is a single monthly payment, which can reduce the stress of juggling multiple debt payments and remove the stress of dealing with a barrage of calls from creditors about late payments.
While debt consolidation can be a good way to manage debt, be careful. Some debt consolidation loans come with extraordinarily high interest rates or hidden fees that can result in you paying more than you would have paid to your original lenders. If you’re working with a debt consolidation firm, please ensure they’re reputable. Make sure you read all your loan documents before signing.
Bankruptcy should always be the last resort. Chapter 7 bankruptcy erases most types of consumer debts, but you must meet certain income requirements to file, and it stays on your credit report for ten years. Chapter 13 bankruptcy results in partial forgiveness of some debts but structured repayment for others. It remains on your credit report for seven years.
With bankruptcy on your credit report, you will find it difficult to find a landlord who will rent to you, find a lender who will finance a vehicle without exorbitant interest rates, and you will likely be unable to take out a mortgage. In some circumstances, it can even impact your employment eligibility. Bankruptcy can be portrayed as the easy way out when, in reality, it’s a decision that will stay with you for years into the future.
You can visit the clerk of court if you know where your case was filed. However, Connecticut makes it even easier to find out if someone has sued you and get the information about the case. You can use the links below to find your case online.
You’ll need at least some of the following information to find your case.
The Connecticut judiciary system has four levels:
It’s crucial to know if you have a court case against you and the status of the case. If you fail to attend any part of the case, the plaintiff can ask the judge to issue a default judgment. The consequences of a default judgment could result in a catastrophic loss of income, wages, savings, and property. Filing an Answer in response to a Summons protects your standing in the case and gives you time to negotiate a settlement, dispute the debt, or come to another resolution.
If you didn’t receive a copy of the Summons but suspect that a lawsuit may have been filed against you, do your research to find out whether you’ve been sued or not. You can’t ignore a lawsuit and hope it goes away. If you fail to respond, the plaintiff will likely pursue a default judgment, which can result in loss of property, equity, and wage garnishment.
A creditor must win a judgment against you to garnish your wages. That’s why it is crucial that you file an Answer if you are sued by a debt collector. When you’re struggling with debt, it can feel like you're losing the battle to keep your head above water. Facing a wage garnishment may seem like all it would take for you to drown in debt.
Every state establishes its own policies for wage garnishment. Connecticut has some of the toughest wage garnishment laws in the country. Under Conn. Gen. Stat. § 52-361a, wage garnishments are limited to the lesser of:
Disposable earnings are your bring-home pay after required withholdings such as federal and state taxes.
Income from disability insurance, Social Security, unemployment, and workers’ compensation are exempt from wage garnishment in CT.
It’s always surprising how fast debt can spiral out of control. Being proactive by contacting your creditors before they take legal action can help you avoid wage garnishment. Creditors may work with you and allow special payment arrangements to help.
You will need to be honest with your creditors by letting them know what the problem is and providing an honest assessment of the type of help you need. For example, if you lost your job, the creditor may be able to waive late fees on payments and give you 90 days to resume payments. However, whether or not to work with you regarding past-due debts is entirely up to the creditor. In the event you do end up involved in a lawsuit, keep copies of all correspondence with debt collectors, including taking notes while talking to them on the phone. This information could be vital in helping you favorably resolve a lawsuit.
When you don’t communicate, creditors will begin to call, text, and send letters. If they receive no response, then they may pursue legal action, which could result in wage garnishment.
Another alternative is to pursue debt settlement. Debt settlement happens when you reach out to a creditor or debt collector and offer to settle the debt for a percentage of the debt owed. Many people use debt settlement companies. However, you should know that this can have a substantial impact on your credit score and that these companies charge a fee based on the percentage of debt settled.
You can manage debt settlement offers on your own with the help of a tool like SoloSettle. SoloSettle helps you draft a debt settlement offer, track negotiations, and send a debt settlement agreement when you’ve agreed on the final amount.
Bankruptcy may be the nuclear option to avoid a wage garnishment. However, it is important to note that some debts, such as past-due child and spousal support, cannot be discharged in bankruptcy.
Collection agencies aren’t exactly known for their stellar reputations or fair treatment of consumers. As a result, both the state and federal governments have enacted laws to regulate their treatment of consumers. The Fair Debt Collection Practices Act is a federal law that regulates what debt collectors can and cannot do.
The Fair Debt Reporting Act governs how debts can be reported on a credit report and protects consumers' rights to dispute inaccurate information.
In addition, Connecticut has enacted state laws to protect consumers’ rights from predatory collection practices.
The Connecticut Creditors’ Collection Practices Act, outlined in C.G.S.A.§ 36a-645 through 36a-648, protects consumers from debt collectors' deceptive actions, harassment, and abuse. The law closely follows the FDCPA.
In addition to the harassment outlined in both state and federal law, debt collector laws such as the Connecticut Creditors’ Collection Practices Act also prohibit debt collectors from using deceptive actions such as:
If you’re being harassed by a debt collector employing deceptive tactics, report them to the FTC and the Office of the Attorney General in Connecticut.
Once you file a complaint with the Attorney General’s office, the courts may decide to award you damages.
C.G.S.A. § 36a-648 states that a debt collector who violates the law can be held liable for actual damages to the consumer and additional penalties of up to $1,000 per offense. The court can also order the debt collector to pay your attorney's fees and court costs.
If you’ve been abused by a debt collector in Connecticut, act quickly. The statute of limitations for violations of the Connecticut Creditors’ Collection Practices is one year.
Under state law C.G.S.A. § 36a-801, collection agencies that attempt to collect debts from consumers must have a consumer collection agency license issued by Connecticut.
If you're contacted by a debt collector, ensure they’ve provided their consumer collection agency license number. If they didn’t provide the number, include the request for that number in your Debt Validation Letter.
Connecticut is one of many states that require debt collectors to be licensed. Take action against unlicensed debt collectors and use it to your advantage when negotiating the debt.
You now have the basic tools to respond to a debt collection lawsuit in Connecticut. Keep in mind these five important takeaways:
Good Luck!
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Statute of Limitations on Debt Collection by State (Best Guide)
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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.
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