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How to Respond to a Lawsuit From a Debt Collector

Sarah Edwards | January 26, 2024

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Harris 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: Can a debt collector sue you if you never received a bill? Unfortunately, that’s all too possible. Respond to a lawsuit from a debt collector by drafting and filing an Answer into the case, verifying the debt, and negotiating a debt settlement. SoloSuit can help you do all this and more.

Few things can stop you dead in your tracks like the word “lawsuit” can. But the news is all the more stunning when you didn’t even know you had any debt to begin with. What do you do if you’re being sued for a debt you never even knew you had? Use this guide to learn how to respond to a lawsuit from a debt collector for a bill never received.

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What is a debt collection lawsuit?

What does it actually mean to be sued for debt? If you’re being sued by a debt collector, it means that they have purchased your debt from your original creditor and that they’re seeking to collect their money by any means necessary — including taking you to court.

If the debt collector should win the case, the court can order that you pay the original amount as well as any legal fees or debt collection fees to the debt collector.

If you lose the lawsuit, you’ll be legally obligated to pay the debt in full. The court can even order that your wages be garnished, meaning a portion of each paycheck will go to your debt collector until your debt is paid off.

A debt collection lawsuit is serious business. Never ignore a summons for a debt collection lawsuit. In fact, if you don’t file a legal Answer with the court, you could be facing a default judgment in favor of the debt collector, meaning you’ll lose the lawsuit and be forced to pay the full amount.

Respond to a debt collection lawsuit online.

Am I responsible for paying a bill I never received?

What if you never actually received a bill? Can debt collectors still come after you? This is more common than you think, especially when creditors send a bill to the wrong address or simply never send you a notice about your credit card balance.

In fact, according to the National Consumer Law Center, some debt collectors deliberately wait until you pursue a mortgage or other loan before they come after you for an unpaid debt. This practice is known as “parking,” and it is a common way to collect on past debt without the debtor having to expend the effort to contact you.

Additionally, credit card companies are not legally required to send you a bill if your account has become uncollectible, they have charged off your account, or there is a legal case pending. This means that you can still be responsible for credit card debt in these cases. Unfortunately, a creditor can still sue you for unpaid debt.

Respond to a lawsuit from debt collector for a bill never received

Fortunately, you can respond to a debt collection lawsuit and avoid a protracted legal battle. Here’s how to respond to the lawsuit and settle before going to court.

1. File an Answer with the court

You may have as little as two weeks to file an Answer with the court, depending on your state’s deadline to file. This is an official response indicating your willingness to fight the lawsuit in court. Failing to meet this deadline can result in a default judgment in favor of the debt collector.

In your Answer, you will address all the claims made by the debt collector. You should also include a list of your affirmative defenses, which are reasons you shouldn’t be held liable for the debt.

SoloSuit makes it easy to draft and file an Answer. Simply use the online platform to answer some questions, then print your Answer to file it with the court. Or have SoloSuit file it on your behalf and have an attorney review your document for clarity before sending it off.

Let’s look at an example of how the process works.

Example: Edward had no idea he was in debt — until he was notified of a lawsuit. At first, he panicked, then he learned that he had resources at his disposal to help him. Using SoloSuit, he was able to create an Answer. After asking Solosuit to have an attorney look it over, Edward asked that SoloSuit file the Answer on his behalf. And because he was able to act fast, Edward avoided a default judgment, which gave him the time he needed to prepare a defense and seek to negotiate a settlement.


Act fast and file an Answer before it’s too late.

2. Verify that the debt is yours

If you never received a bill, how can you even know that the debt is yours? Once you file an Answer to the lawsuit, insist that your debt collector prove that the debt belongs to you. The debt collector must:

  • Identify your original creditor.
  • Document when you originally incurred the debt.
  • List any payment history (including the date of last payment, if applicable).
  • Calculate the debt remaining.
  • Provide evidence that the debt is yours.

Asking for proof may cause the debt collector to back off. Otherwise, you may be responsible for the debt, which means you may need to negotiate a settlement.

Learn more about verifying your debt.

3. Make a settlement agreement

Assuming the debt is yours, your best option is to settle your debt to avoid a lengthy legal battle, as well as to settle for less than what you allegedly owe. SoloSettle makes it easy to negotiate with any debt collector, and by using this platform, you’ll never have to deal directly with a debt collector.

Open the negotiation process by offering to pay 60% of the total debt. You and the debt collector can then go back and forth until you reach a mutually agreeable solution. Remember: debt collectors would generally prefer to settle things quickly than go to court, so this can be a solid option.

Start the debt settlement negotiation process.

Now, check out the following video for tips on how to negotiate a debt settlement:

Protect yourself from debt collectors

While it’s possible for debt collectors to sue you over debt from bills you’ve never seen, you can protect yourself by viewing your credit card statements online or checking your credit report each year to look for blemishes or unpaid debt.

But if the situation escalates to the level of a lawsuit, SoloSuit has your back and can make it easy to avoid court and settle for a lower amount.

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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

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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.

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Civil law legal definitions

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