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How to write an Answer to a debt collection lawsuit
The structure of a court Answer: caption, numbered responses, affirmative defenses, WHEREFORE clause, signature block, and certificate of service.
An Answer is a short, formal document. It is not a letter, it is not an explanation of your finances, and it is not an apology. Here is every part of one.
1. The caption
Copy the top block of the complaint exactly: court name, county, plaintiff, defendant, and case number. Under the caption, title your document DEFENDANT'S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES.
Getting the case number wrong is the most common filing error. Check it twice.
2. The responses
The complaint has numbered paragraphs. Your Answer responds to each one, by number, with exactly one of three responses:
- Admitted. Use for facts you know are true, such as your name and county.
- Denied. Use for facts you know or believe are false.
- Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and therefore denies them. Use for anything you cannot personally verify.
The third response is the workhorse. You were not a party to the sale of your account, you have never seen the plaintiff's internal records, and you cannot verify how a balance was calculated. Saying so is accurate, and it places the burden where it belongs.
Silence is not neutral. In most courts, an allegation you do not deny is treated as admitted.
The rest of this lesson is part of the kits
This is the step-by-step half — the part you read with the paperwork in front of you. The rest of this lesson covers:
- • What each part of the document is actually asking you
- • The choices people commonly face, explained in plain words
- • The mistakes that cost people the most, and how to avoid them
It unlocks with any kit — $47, including the document builder, the buyer-only course, and 14 days of email support.
Free to read right now
- 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
- How to vacate a default judgment on a debt
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.