Sample Answer to a Debt Collection Lawsuit, Free Download 2026

[NOTE TO PREPARER, READ BEFORE USING THIS ANSWER: (1) DEADLINE. Your answer is due by your court's deadline, which is often stated in the summons or citation you were served with, and a missed deadline can lead to a default judgment. Deadlines differ from court to court, even within one state. For example, in a Texas justice court the answer is due "by the end of the 14th day after the day the defendant was served with the citation and petition" (Tex. R. Civ. P. 502.5(d)); a California summons directs the defendant to respond "within 30 days after summons is served on the defendant" (Cal. Code Civ. Proc. § 412.20(a)(3)); where the Florida Rules of Civil Procedure apply, "a defendant must serve an answer within 20 days after service of original process and the initial pleading" (Fla. R. Civ. P. 1.140(a)(1)); in New York City Civil Court, a summons personally delivered within the city requires the defendant "to appear and answer within twenty days after its service," and otherwise "within thirty days after proof of service is filed with the clerk" (N.Y.C. Civ. Ct. Act § 402); in other New York courts governed by the CPLR, an appearance "shall be made within twenty days after service of the summons," or thirty days for the service methods listed in the rule (N.Y. CPLR 320(a)); and in federal court the answer is due "within 21 days after being served with the summons and complaint" (Fed. R. Civ. P. 12(a)(1)(A)(i)). In a Florida small claims case, "written pretrial motions and defensive pleadings are not necessary" unless the court orders them, but you must appear on the date in the summons/notice to appear (Fla. Sm. Cl. R. 7.090(a), (c)). (2) OFFICIAL FORM. Many courts publish their own answer form. If your court has one, use it, and use this document to help you choose and word your defenses. Examples: California's Judicial Council form PLD-C-010, "Answer--Contract," which is approved for optional use; and, for Texas justice courts, the "Defendant's Answer--Debt Claim Case" form published at TexasLawHelp.org. Ask the court clerk or the court's self-help center whether a required form exists. Delete this note before filing.]

Defendant [____________] ("Defendant"), [appearing without an attorney / by and through undersigned counsel], answers the [Complaint / Petition] filed on [____________] by Plaintiff [____________] ("Plaintiff"), which seeks to collect an alleged debt on an account ending in [____] that Plaintiff says was [opened with / originally owed to] [____________] (the "Account"). Defendant states as follows.

[OPTIONAL, COMPLETE ONLY THE DEFENSES THAT APPLY. Lack of Personal Jurisdiction: This Court lacks personal jurisdiction over Defendant because [____________]. Improper Venue: This case was filed in the wrong [county / precinct / district] because Defendant [lives in ____________ County / did not sign the contract sued on in this county / ____________]. Insufficient Service of Process: Defendant was not properly served because [____________].] By answering, Defendant does not consent to jurisdiction, venue, or service on any ground stated above. [NOTE TO PREPARER: under Fed. R. Civ. P. 12(h)(1) and similar state rules, the defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process are waived unless they are raised by a motion before the answer or are included in the answer itself. Delete any defense you do not assert, and delete this note before filing.]

[NOTE TO PREPARER: use OPTION A or OPTION B below, not both, and delete the other. A general denial is allowed in some courts and not in others. Texas: "A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue" (Tex. R. Civ. P. 92), and in a justice court a general denial "does not bar the defendant from raising any defense at trial" (Tex. R. Civ. P. 502.5(b)). California: if the complaint is not verified, or the case is governed by the economic litigation rules for limited civil cases (Cal. Code Civ. Proc. § 90 and following), "a general denial is sufficient" (Cal. Code Civ. Proc. § 431.30(d)); but "if the cause of action is a claim assigned to a third party for collection and the complaint is verified," each allegation must be denied "positively or according to the information and belief of the defendant" (same section), so a verified complaint by a debt buyer or collection assignee needs OPTION B. Federal court: a general denial is permitted only for a party that "intends in good faith to deny all the allegations of a pleading" (Fed. R. Civ. P. 8(b)(3)). If you are not sure your court allows a general denial, use OPTION B. Delete this note before filing.]

[OPTION A, GENERAL DENIAL WHERE PERMITTED: Defendant generally denies each and every allegation of the [Complaint / Petition] and demands that Plaintiff prove each of its claims.]

[OPTION B, PARAGRAPH-BY-PARAGRAPH RESPONSE: Defendant responds to the numbered paragraphs of the [Complaint / Petition] as follows. ADMITTED: Defendant admits the allegations of paragraphs [____________]. DENIED: Defendant denies the allegations of paragraphs [____________]. WITHOUT SUFFICIENT KNOWLEDGE: Defendant lacks knowledge or information sufficient to form a belief about the truth of the allegations of paragraphs [____________], including the allegations that Plaintiff purchased, was assigned, or otherwise owns the Account, that the Account was opened or used by Defendant, and that the balance claimed is correct, and therefore denies them. Any allegation not expressly admitted above is denied.] [NOTE TO PREPARER: respond to every numbered paragraph. Under Fed. R. Civ. P. 8(b)(6), an allegation "other than one relating to the amount of damages" is admitted if a response is required and "the allegation is not denied," and under Rule 8(b)(5) a statement that you lack knowledge or information "has the effect of a denial." Admit only what you know is true, such as your name or address. Delete this note before filing.]

As to any document attached to the [Complaint / Petition], including any account statement, affidavit, bill of sale, or assignment, Defendant [admits / denies / lacks knowledge or information sufficient to admit or deny] that it is a true and complete copy, and denies that any such document shows that Plaintiff owns the Account or that the amount claimed is owed.

[NOTE TO PREPARER: the defenses below are a menu. Keep only those that fit your case and that you have a factual basis for, fill in the blanks, number the defenses you keep in order (DEFENSE NO. 1, DEFENSE NO. 2, and so on), and delete the rest. Federal Rule of Civil Procedure 8(c)(1) provides that a responding party "must affirmatively state any avoidance or affirmative defense," and lists among them "accord and satisfaction," "payment," and "statute of limitations." A defense left out may be hard to add later: after the time to amend as a matter of course, Rule 15(a)(2) allows an amendment "only with the opposing party's written consent or the court's leave." State rules on which defenses must be pleaded differ; check the rules of your court. Delete this note before filing.]

[DEFENSE NO. [__] (Lack of Standing / Chain of Assignment): Plaintiff has not shown that it owns the Account or is entitled to collect it. Plaintiff is not the original creditor. Plaintiff has not attached or identified a complete chain of written assignments, from the original creditor, [____________], through each later owner, to Plaintiff, showing that this specific Account, ending in [____], was transferred to Plaintiff. [Describe any gap: for example, the bill of sale does not list the Account, or an intermediate owner is missing: ____________.]]

[DEFENSE NO. [__] (Statute of Limitations): Plaintiff's claim is barred, in whole or in part, by the statute of limitations, [cite the statute: ____________], which allows [______] years to sue on this type of claim. The claim accrued on or about [____________] because [state the facts that show when the claim accrued under that statute, for example the date of default or of the last payment on the Account: ____________], and this action was not filed until [____________], more than [______] years later.] [NOTE TO PREPARER: limitations periods, and the event that starts them running, are set by state law. For example, in New York an action "arising out of a consumer credit transaction where a purchaser, borrower or debtor is a defendant must be commenced within three years," and once that period expires, "any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period" (N.Y. CPLR 214-i). In general, limitations periods and the events that start them running differ by state and by type of debt, and some contracts choose another state's law. Read the statute itself before relying on this defense. Delete this note before filing.]

[DEFENSE NO. [__] (Payment): Defendant has paid [all / part] of the amount claimed, including payments of [$__________] on [____________], and Plaintiff has not credited those payments.]

[DEFENSE NO. [__] (Accord and Satisfaction): On or about [____________], [Plaintiff / the original creditor / a prior owner of the Account] agreed to accept [$__________] in full satisfaction of the Account, and Defendant performed that agreement by paying [$__________] on [____________]. [Identify any settlement letter or payment record: ____________.]]

[DEFENSE NO. [__] (Amount Not Owed or Not Itemized): Defendant denies that the amount alleged is owed. Plaintiff has not itemized the amount claimed into principal, interest, fees, and other charges, and has not identified the agreement or the account records that support the balance. The amount claimed includes [interest / late fees / collection costs / attorney's fees / amounts already paid / ____________] that are not authorized by [the agreement / applicable law].]

[DEFENSE NO. [__] (Not Defendant's Account / Identity Theft): Defendant did not open, authorize, or use the Account. [Defendant is a victim of identity theft and reported it on [____________] to [____________]. / Describe the facts showing the Account belongs to someone else: ____________.]]

[DEFENSE NO. [__] (Discharge in Bankruptcy): The debt sued on was discharged in Defendant's bankruptcy case, Case No. [____________], in the United States Bankruptcy Court for the [____________] District of [____________], by discharge order entered on [____________]. Under 11 U.S.C. § 524(a)(2), a discharge "operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor." [Attach or identify the discharge order, and confirm from the bankruptcy file that this debt was included.]]

[DEFENSE NO. [__] (Failure to State a Claim): The [Complaint / Petition] fails to state a claim upon which relief can be granted because [it does not allege facts showing a contract between Plaintiff, or its predecessor, and Defendant / it does not allege facts showing that Plaintiff owns the Account / ____________]. (This is not an affirmative defense. Under Fed. R. Civ. P. 12(h)(2), failure to state a claim may be raised in any pleading, by a motion for judgment on the pleadings, or at trial.)]

[DEFENSE NO. [__] (Other Defense): [State any other defense and the facts that support it: ____________.]] Defendant may seek leave to add defenses that become known through discovery.

[NOTE TO PREPARER, READ AND DELETE BEFORE FILING: if Plaintiff, or a person collecting for Plaintiff, is a "debt collector" as defined in 15 U.S.C. § 1692a(6), and the Account is a consumer "debt" as defined in 15 U.S.C. § 1692a(5) (an obligation arising from a transaction "primarily for personal, family, or household purposes"), unlawful collection conduct may support a claim for damages under 15 U.S.C. § 1692k. That claim must be brought "within one year from the date on which the violation occurs" (15 U.S.C. § 1692k(d)). Under 12 C.F.R. § 1006.26(b), a debt collector "must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt," so a debt collector's lawsuit filed after the limitations period ran may itself support such a claim. Where to state it depends on your court. In federal court, Fed. R. Civ. P. 13(a)(1) requires a counterclaim that "arises out of the transaction or occurrence that is the subject matter of the opposing party's claim," subject to that rule's exceptions. In California, "Affirmative relief may not be claimed in the answer" (Cal. Code Civ. Proc. § 431.30(c)), so a claim against Plaintiff is filed as a separate cross-complaint. Check your court's rules. If you have no claim to bring, delete this section and item (d) of the Prayer.]

[IF APPLICABLE AND PERMITTED IN THIS ANSWER: COUNTERCLAIM. Defendant incorporates the admissions, denials, and defenses stated above. Plaintiff is a debt collector within the meaning of 15 U.S.C. § 1692a(6) because [____________]. The Account is a debt within the meaning of 15 U.S.C. § 1692a(5) because it arose from [describe the personal, family, or household purchase or service: ____________]. On or about [____________], Plaintiff [describe the collection conduct and the provision of the Act it violates: ____________]. Defendant seeks the damages, costs, and attorney's fees available under 15 U.S.C. § 1692k.]

[OPTIONAL: Defendant requests that Plaintiff produce, and file with the Court before any hearing or trial, the documents on which its claim depends, including: (a) the signed account agreement, or the terms and conditions in effect when the Account was opened and when it went into default; (b) the account statements showing every charge, payment, interest charge, and fee; (c) each bill of sale, assignment, and data file transferring the Account from the original creditor to Plaintiff, identifying this Account; and (d) an itemization of the amount claimed.] [NOTE TO PREPARER: in most courts, documents are obtained through a separate discovery request served on the other side under the court's discovery rules, and a request placed in an answer may not by itself require Plaintiff to respond. Check your court's rules and send a formal request if you need the documents. Delete this note before filing.]

[OPTIONAL] JURY DEMAND: Defendant demands a trial by jury on all issues so triable under [Federal Rule of Civil Procedure 38 / the applicable state rule: ____________]. [NOTE TO PREPARER: under Fed. R. Civ. P. 38(b), a jury demand must be served "no later than 14 days after the last pleading directed to the issue is served" and filed, and under Rule 38(d) "A party waives a jury trial unless its demand is properly served and filed." State courts set their own deadlines and jury fees, and some small claims and justice courts handle jury requests differently. Ask the clerk. Delete this paragraph if you do not want a jury, and delete this note before filing.]

WHEREFORE, Defendant asks the Court to: (a) enter judgment that Plaintiff take nothing by its [Complaint / Petition]; (b) dismiss this action [with prejudice]; (c) award Defendant the costs of this action [and reasonable attorney's fees where permitted by law or contract]; (d) [if a counterclaim is stated above: enter judgment for Defendant on the counterclaim]; and (e) grant Defendant any other relief to which Defendant is entitled. [Sign and complete the signature block and the certificate of service that follow this Answer, and serve a copy on Plaintiff's attorney, or on Plaintiff if Plaintiff has no attorney, in a manner your court's rules allow.]