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How to Answer a Summons Without an Attorney

Sarah Edwards | April 23, 2024

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

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: You don't need an attorney to respond to a Summons, but you have to respond with a written Answer or you run the risk of losing automatically. In your Answer, you should address all the claims against you and list your defenses, but don't give too much detail or you could hurt your case.

If you’ve recently received a Summons for non-payment of a debt, you might feel worried about what to do next. Plenty of people would tell you to just get an attorney to represent you. That’s not bad advice, and having a lawyer is almost always a good thing. However, if you’re being sued for a debt, you may not have the funds to pay for a lawyer.

Fortunately, it’s very possible — and surprisingly simple — to respond to a Summons on your own. Here’s how to answer a civil summons without an attorney.

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Don’t ignore a Summons

A Summons is essentially a legal document that tells you you’re being sued. A Summons should be accompanied by another document called a Complaint, or Petition. This document lists the reasons you’re being sued.

Debt collectors generally try to avoid filing lawsuits against consumers if they can. Lawsuits are complex and can be expensive, so a collector will usually do whatever they can to collect the debt before suing. This means that if you get sued for a debt, you’ll likely know about the debt in advance.

Not responding can mean a default judgment

If you do receive a Summons, don’t ignore it! If you don’t respond within the given time window — which is 20 to 30 days in most states — the court can issue a default judgment against you. A default judgment means the collector wins by default.

Once there’s a legal judgment against you, your wages can be garnished, and money can be taken out of your bank account if you don’t pay. Luckily, responding is fairly simple. You just need to complete a document called an Answer and send it to the court and to the plaintiff (the entity suing you).

Know the basic elements of an Answer

An Answer should have certain components, including:

  • The name of the court.
  • The case number.
  • Your answers to each point raised in the Complaint.
  • Your list of affirmative defenses.
  • Your signature.

It’s possible to do all the formatting yourself, but you don’t have to. When you use SoloSuit, you just have to answer a few basic questions. From there, we’ll format your Answer, file it with the court, and serve a copy to the plaintiff.

To see how this works, let’s consider an example.

Example: Trish receives a Summons stating that EZ Cash Collections is suing her for a $500 debt. She uses SoloSuit’s deadline calculator tool to determine how much time her state gives her to respond. Trish then uses SoloSuit to format and send her Answer. The Answer prevents the court from issuing a default judgment, and it also gives Trish time to start negotiating a settlement with EZ Cash Collections.


Respond to a debt lawsuit with the help of SoloSuit.

Fill out your Answer with the right information

If you’re wondering how to answer a civil summons without an attorney, you don’t just need to know what type of form to file. You also need to know what information to include. Here’s how to fill out your Answer.

Address the issues raised in the Complaint

The Summons you receive will have a list of allegations against you. For each one, you have three response options: admit, deny, or deny for lack of knowledge. It’s okay to admit basic facts like your name and address. However, a lawyer will probably tell you to deny everything else.

Anything you deny is something the debt collector will have to prove in court. Keep in mind that you’re not under oath here! Above all, make sure you never admit liability for the debt, even if you think you might actually owe it.

List your defenses

In an Answer, you also have the opportunity to list additional defenses that may help your case. This is your only chance to bring up defenses, so you will want to be thorough.

With that being said, you should also be concise. Keep each defense brief and straight to the point. Here are some examples of common defenses:

  • You did owe the debt at one time, but it’s already been paid off.
  • You have paid off some of the debt, so the amount listed is incorrect.
  • You don’t owe the debt because it’s a result of fraud or identity theft.
  • You don’t owe the debt because it’s someone else’s responsibility.
  • You owed the debt at one time, but it’s since been discharged in bankruptcy.
  • The statute of limitations to sue for debt in your state has run out.
  • The collector violated the Fair Debt Collection Practices Act (FDCPA).
  • The collector violated another law when they tried to collect the debt from you.
  • You don’t know who the plaintiff is or how they got your debt.

If you use the last defense, the debt collector will have to prove that it’s legally allowed to collect your debt.

These aren’t the only defenses to choose from, of course. If you aren’t very familiar with defenses or aren’t sure how to determine which ones apply to your case, SoloSuit can help. When you use SoloSuit to create and file an Answer, we’ll help make sure you use every applicable defense.

Check out these tips for drafting a great Answer to your Summons:

Are debt collectors closing in? SoloSuit can help!

Knowing you have debt hanging over your head takes a toll on your mental well-being. But if you’re one of the countless people who can’t afford to repay the debt that you have, there is a way forward.

When you use SoloSuit, you can face your debt head-on and find the solution that best fits your life. Best of all, it only costs a fraction of what you’d pay an attorney.

Ready to settle your debt collection lawsuit? Get started with SoloSettle by SoloSuit today.

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