Dena Standley | June 09, 2023
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: Generally, debt collection agencies won’t sue over debts less than $500, but it isn’t unheard of. If a collection agency is chasing you for an old debt, you might wonder whether it will take its efforts a step further with a debt lawsuit. SoloSuit explains how collection agencies determine whether a debt lawsuit is worth the expense.
You open your mailbox and find a few advertisements, a magazine, and what appears to be a letter from a collection agency. Debt collection notices can come at the most inconvenient times, reminding you of your failure to pay a bill.
The collection letter you receive is for a $200 balance on your old Visa card. You’ve long forgotten about the debt, but the collection agency hasn’t! Will it sue you if you don’t pay?
That depends on several factors, including the amount you owe, the age of the debt, and whether you attempt to communicate with the collection agency.
Sued for debt already? Settle the debt before going to court with the help of SoloSettle.
When a collection agency decides to sue you, it will determine whether the benefits of a lawsuit outweigh its costs.
Filing a lawsuit in your local court requires the lender to pay court filing fees and find a local representative or lawyer. If the expense of the court filing and the representative outweighs the amount you owe, the collection agency is less likely to sue you.
However, most collection agencies retain representatives who show up to argue cases in court. A collection agency might file dozens of lawsuits simultaneously and fill the judge’s schedule over several days. That means it will divide the cost of representation among various claims.
Debts with a smaller value are less likely to be chosen for a lawsuit. For instance, if you owe $25 to a collection agency, you probably don’t need to worry about a debt lawsuit. However, if your debt is $2K, you’re at high risk of a lawsuit, especially if the obligation hasn’t passed your state’s statute of limitations.
Generally, the minimum bar for a lawsuit ranges from $500 to $1K. Every collection agency sets its own minimums, but if your debt is less than $500, you have less risk of a lawsuit.
You’ll know a collection agency is suing you if you receive a court summons. Your court summons will include a copy of the collection agency’s Complaint listing the amount you owe and identifying information about the debt.
You shouldn’t ignore a court summons. Instead, be proactive and read the Complaint to see if you find any errors. If there are any mistakes, you can use them in your response to the lawsuit, known as an Answer.
An Answer is critical to the debt lawsuit process and protects you from a default judgment if the collection agency requests one. Instead, the judge will review your Answer and let you further defend yourself during the hearing.
Check out the following video to learn how to draft and file an Answer to your debt collection lawsuit:
Once you put your Answer in the mail, you’ll need to make a decision: repay the debt or attempt a settlement.
Repaying the debt stops the lawsuit since you’ll no longer owe any money to the collection agency. After the agency receives your money, it will close your account and drop the case.
However, if you don’t have the money available to repay the debt altogether, you can try to settle it instead. In a debt settlement, you offer the creditor a portion of the outstanding amount. If you reach an agreement with the agency, it will drop the lawsuit and release you from the remaining amount you owe.
Let’s consider an example.
Example: WWYM Collection Agency is suing Alex for $2,000 on an old medical bill. Alex uses SoloSuit to draft and file his Answer to the suit. After filing an Answer with his local court, Alex decides to settle the debt before his court date. He uses SoloSettle to send an offer to WWYM Collection Agency to settle for $1,200 The collection agency accepts his offer and sends the money after signing a settlement agreement. WWYM Collection Agency drops the lawsuit against Alex and reports the debt settled to all three credit reporting bureaus.
Need help to prepare an Answer for a collection agency? Use SoloSuit’s convenient Debt Answer template.
While every collection agency has a different policy regarding debt lawsuits, you should feel reasonably safe from a legal claim if you owe less than $500 on a debt. However, if you receive a court summons from a collection agency, don’t ignore it. Instead, take the steps necessary to resolve the debt before it becomes a judgment.
Do you need help settling a debt with a collection agency? Put SoloSettle to work for you!
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.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendants Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouses Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
Youre Drowning in Debt — Heres How to Swim
Help! Im Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Heres What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court
Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather