George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
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: Bad things will probably happen if you never answer debt collectors—lawsuits, poor credit scores, anxiety, and more. But with the right tools, you might dodge a bullet. Use SoloSuit to answer a collector in just a few minutes.
When it comes to communicating with a debt collector, the old adage, “you can run, but you can't hide” is applicable. The truth is that, nowadays, it is virtually impossible to ignore a debt collector entirely.
Even if you let all of their phone calls go to voicemail, debt collectors are relentless and may try to contact you online through social media platforms like Facebook, Instagram, and Twitter. Ignoring or blocking a debt collector will likely result in a collections lawsuit filed against you in court. You can avoid a lawsuit by requesting a debt verification and sending a Debt Validation Letter.
Once a lawsuit is filed, the debt collector hopes that you won't respond in time so they can file a motion for default judgment against you. If the court grants this motion, the debt collector can garnish your wages and seize your property. This is why you need to be proactive and respond to the debt collector or debt collection lawsuit immediately. You may discover that the debt collector is suing the wrong person or that your debt is past the statute of limitations.
This article outlines five reasons why ignoring a debt collector can hurt you. We will also discuss what happens if you never pay collections. Let's jump right in.
1. Your credit will take a hit
The credit bureaus are a dangerous weapon in debt collectors' hands. When a debt goes into collections, there is a high chance that the creditor will report it to Experian, Equifax, and TransUnion.
Your repayment history plays a massive role in determining your credit worthiness. As soon as the delinquent account appears on your credit report, you can expect your credit score to take a nosedive. Even if you work out a payment plan with the creditor, there is a chance that the delinquent account will still ding your credit, even if just for a limited time. A collection account, like other negative marks, will stay on your credit score for up to seven years.
With bad credit, every aspect of your financial life suffers. You may have difficulty renting an apartment, accessing low interest credit, convincing prospective employers, etc. Sadly, many consumers ignore collections for amounts as low as $25, allowing it to negatively impact their credit score and cause long-term damage to their financial health.
If you ignore a debt collector and do not repay the debt, not only will the principal amount remain the same, but the amount you owe will probably continue to increase because of accruing interest, late fees and penalties. Some debt collection companies even tack on the expenses they've incurred in an effort to collect on the debt. If you're sued for the debt, you will also have to pay for court costs and attorney fees.
3. Family and friends might be contacted about your debt
If you ignore a debt collector, they do not disappear. In fact, some aggressive debt collectors will reach out to your friends, family, and neighbors. You may be asking yourself, “Is that even legal?” Well, the Fair Debt Collectin Practice Act § 805 (3)(b) states:
“Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.”
This means that a debt collector can only contact you, your attorney, the creditor that's suing you and their attorney, or the attorney of the debt collector suing you. That being said, a debt collector can contact third parties such as neighbors, relatives, or even your employer—but only in an effort to track you down. The law does not allow a debt collector to disclose the fact that you owe a debt or to discuss your finances with third parties.
If a debt collector has discussed your debt with family members or friends, they are in violation of the Fair Debt Collection Practices Act, and you may be entitled to compensation. Report this behavior to the CFPB, FTC, or your state's attorney general.
4. Your stress and anxiety levels will probably increase
Trying to avoid communicating with a debt collector often makes people anxious, concerned, and stressed out. It can be difficult to speak with a debt collector, but actively avoiding contact with the debt collector can be just as stress-inducing.
5. You will probably be sued
What happens if debt collectors can't find you? If a debt collector is unable to find you, don't think you are in the clear. If you continue to ignore communicating with the debt collector, they will likely file a collections lawsuit against you in court. If you are served with a lawsuit and ignore this court filing, the debt collection company will be able to get a default judgment against you. Once a default judgment is entered, the debt collector can garnish your wages, seize personal property, and have money taken out of your bank account..
Like we said earlier, you can run, but you cannot hide from debt collectors. Here is the bottom line: ignoring a debt collector is almost always a bad decision. Why? Because, as we discussed above, ignoring the debt collector typically worsens the situation and does not lead to a resolution. Ignoring the debt does not make it go away. This is why it is important to take action if you are contacted by a debt collector or served with a debt collections lawsuit.
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.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
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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.
Here is an overview of what you need to do if you are sued by a debt collector:
Do not admit liability for the alleged debt since the burden is on the debt collector to establish that you, in fact, are responsible for the amount owed.
Be sure you file your Answer to the Complaint within the time the court provides. You have up to 35 days to respond to a debt collection lawsuit, depending on which state you live in.
In your Answer, make sure to raise any applicable affirmative defenses (e.g., the statute of limitations) and demand that the debt collection company prove that you are responsible for the specific amount owed. These are examples of strategies you can use to defeat a debt collector in court.
Watch this video to learn more about how to respond to a debt collection lawsuit:
What is the best way to respond to collectors?
The best way to respond to a debt collector is with a Debt Validation Letter. A Debt Validation Letter is a powerful document that stops debt collectors in their tracks by citing the Fair Debt Collection Practices Act and requiring them to show validation of the debt. In the letter, you can also dispute the debt, force the collector to report the debt as disputed to the credit bureaus, and force them to stop contacting you. It's powerful.
All of SoloSuit's documents are designed with the average consumer in mind. When dealing with debt collectors, pick the document that best works for your situation. If you are unsure which is right, you reach out to our customer support line at support@solosuit.com.
Debt Validation Letter: As soon as the debt collector contacts you, before they go to court, send the Debt Validation Letter. Requesting a debt validation buys you time (at least 30 days) before collectors can sue you.
Answer: The time you have to file an Answer with the court and respond to the debt collectors complaints is limited. Depending on your state, it can be as short as 14 days. You don't need a lawyer to draft an acceptable answer. Just use SoloSuit; it's free.
Motion to Compel Arbitration: The presence of an arbitration clause in your contract can help you force the lawsuit out of court.
SoloSettle: It's not too late to settle a debt that has gone to court. If you can afford to settle out of court, use SoloSettle to send and receive debt settlement offers and reach an agreement with debt collectors. It's fast and easy.
Decide what to do next
An Affidavit is a written statement made under oath and submitted as a court document.
Next steps
An Affidavit alone doesn't require a response. However, Affidavits are usually served with another document like a Complaint and Summons. If you received a Complaint and Summons you must respond by filing an Answer.
If you received Interrogatories, that usually means you are in the second stage of a lawsuit: discovery. In discovery both parties can request information from each other.
Next steps
People respond to the Interrogatories with a written response. The response needs to be submitted by the deadline which is usually around 30 days.
A Memorandum is a court document that argues for or against a Motion. A Memorandum is usually filed with a Motion.
Next steps
The next document people file is a Memorandum Opposed to the Motion. For example, if the person suing you filed a Motion to Dismiss and a Memorandum in Favor of the Motion to Dismiss, you could file a Memorandum Opposed to the Motion to Dismiss.
At any point in a lawsuit, many people choose to settle to get to a quicker resolution.
A Motion is a court document that asks a judge to do something. Common motions include a Motion to Dismiss or a Motion for Summary Judgment. A Motion for Summary Judgment asks the judge to declare the filer the winner immediately.
Next steps
The next document people file is a Memorandum Opposed to the Motion.
At any point in a lawsuit, many people choose to settle to get to a quicker resolution.
If you received a Motion to Dismiss, then the person suing you is pretty much giving up and asking the judge to dismiss the lawsuit. Dismissing the lawsuit will remove it from court. A case can be dismissed with or without prejudice. If it's dismissed without prejudice, the person can sue you again for the same issue.
Next steps
If the person suing you is filing for dismissal, that's almost always a good thing. It usually means you won. 🎉
An Order is a written statement made by a judge in a lawsuit. Orders are usually approving or denying a Motion. For example, an Order for Default Judgment may be filed granting a Motion for Default Judgment. Don’t confuse a Proposed Order with an Order. Debt collectors will frequently file a Proposed Order for Default Judgment; it is only a proposal, not an actual order.
Next steps
Orders don't require a response.
At any point in a lawsuit, many people choose to settle to get to a quicker resolution.
If you received a Request for Admissions, that usually means you are in the second stage of a lawsuit: discovery. In discovery, both parties can request information from each other.
Next steps
The next document people file is a Response to the Request for Admissions. It usually needs to be filed within about 30 days. If you don't file a response, the court will usually consider the statements in the request to be true.
At any point in a lawsuit, many people choose to settle to get to a quicker resolution.
If the last document you received is a Writ of Garnishment, that means your wages are about to be garnished. You've already lost the lawsuit.
Next steps
If you never filed an Answer, there still may be hope. The next documents people file in this situation are a Motion to Set Aside Judgment and an Answer. The Motion to Set Aside Judgment asks the judge to give you a second chance because you never responded to the lawsuit, and the Answer responds to the lawsuit.
If you have to run from debt collectors, run to SoloSuit. The best way to fight against debt collection companies is to know your rights. SoloSuit compiles those rights for you while helping thousands of consumers win debt-collection lawsuits.
How to Answer a Summons for debt collection in all 50 states
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
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.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
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.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.