Court · 6 min read
What court day actually looks like
Where to sit, what to bring, what the judge asks, and what to say when the plaintiff's lawyer walks over to talk settlement.
Most debt cases never reach a trial. What they reach is a short hearing or a pretrial conference, often lasting a few minutes.
Before the date
- Bring three copies of everything you filed, plus your own records
- Bring a written outline of what you plan to say, in order
- Arrive early enough to find the courtroom and go through security
- Dress the way you would for a job interview
When you arrive
Cases are usually called from a list. Sit in the gallery until your name and case number are called, then walk to the table and stand. The plaintiff's attorney may approach you in the hallway first to discuss settlement. You are allowed to say: "I would rather discuss that in front of the judge," or simply, "Not today, thank you."
What the judge will ask
Expect short, practical questions:
- Have you filed an Answer?
- Is discovery complete?
- Are there any motions pending?
Answer in plain, complete sentences. Address the judge as "Your Honor." Do not interrupt. If you do not understand a question, it is entirely acceptable to say, "I'm sorry, Your Honor, I don't understand the question."
Your core position, in one sentence
"Your Honor, I filed an Answer and served discovery. The plaintiff has not produced any document showing it owns this account, and I am asking that it be required to do so before this case goes any further."
That sentence works at almost every stage.
If they offer a settlement
Get it in writing before you agree to anything, and make sure the writing includes: the total amount, the payment schedule, that the case will be dismissed with prejudice, and that the account will be deleted or updated with the credit bureaus. Never agree verbally in a hallway and never make a payment before the terms are on paper.
If you lose
A judgment is not the end of the world. Payment plans, exemptions, and settlements all still exist afterward, and exempt income stays exempt. Ask the court about a payment arrangement before you leave.
Turn this into filed paperwork
The $47 toolkit asks one question at a time and builds your Answer, defenses, and discovery requests as editable Word documents.
Start your responseKeep reading
- I was just served with a debt lawsuit. What do I do first?
- What is a debt buyer, and why is a company I never borrowed from suing me?
- Read your complaint with me, line by line
- Every common defense, explained before you choose
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.