What to do if you have been served with a collection lawsuit?

A common question we get is “What to do if you have been served with a collection lawsuit?”  This article will help provide guidance because you only have a short time to prepare and file two court pleadings with the court and with the party who started the lawsuit.

Receiving a collection lawsuit can be an overwhelming experience. The prospect of facing legal action, coupled with the stress of dealing with debt, can be intimidating. However, it’s important to remember that you have rights in this situation. If you have been served with a collection lawsuit in Washington, read the summons immediately and confirm your response deadline. In many ordinary civil cases, you must serve an Answer within 20 days after service, excluding the day of service, but different deadlines can apply depending on the court and how and where you were served. See CR 12 and CRLJ 12. You do not necessarily need both a separate Notice of Appearance and an Answer: an Answer can itself constitute an appearance under RCW 4.28.210. Failing to respond properly can put you at risk of a default judgment. Below, we explain these documents and why it is important to act promptly.

What is a Notice of Appearance?

A Notice of Appearance tells the other side that you intend to participate in the lawsuit and want notice of further proceedings. It must be served and filed as the applicable court rules require. See CR 4 and its notice-of-appearance provisions and CRLJ 4. An appearance made before the plaintiff files the default motion and supporting affidavit generally entitles you to notice before the motion is heard. A Notice of Appearance does not respond to the allegations or present your defenses, and it does not replace an Answer or other response permitted by the rules. A separate Notice of Appearance is not always necessary because an Answer can itself constitute an appearance. See RCW 4.28.210 and CR 55.

What is an Answer?

An Answer is a formal response to the allegations made in the complaint. The complaint is the document that the plaintiff files with the court to initiate the lawsuit. An Answer is your opportunity to respond to each of the allegations made against you in the complaint. It’s important to respond to each allegation, even if you believe it to be untrue. Failure to respond to an allegation could be deemed an admission of guilt.

What should I include in my Answer?

Your Answer should include a response to each of the allegations made in the complaint. You should either admit, deny, or state that you don’t have enough information to admit or deny each allegation. Additionally, you should include any affirmative defenses that you may have. An affirmative defense is a legal argument that, if proven, would prevent the plaintiff from being able to recover the debt. Examples of affirmative defenses include the statute of limitations, the debt being paid in full, or the debt being the result of identity theft.

How do I file these documents?

Serving your response on the other side and filing it with the court are separate steps. For an ordinary Washington district-court civil case, CRLJ 4 generally requires an Answer to be served and filed within 20 days after service, excluding the day of service, unless another statute or rule sets a different deadline. In superior court, CR 12 governs the answer-service deadline, while CR 5 generally requires filing before service or promptly afterward.

Serve the required parties. If a party is represented, ordinarily serve that party’s attorney rather than both the party and the attorney, unless the court orders otherwise. Follow the applicable service requirements in CR 5 or CRLJ 5. File with the clerk using a method the court accepts, which may include in-person, mail, or approved electronic filing. Certified mail is not a universal requirement and does not by itself establish timely court filing. If you use mail, allow enough time for both service and filing deadlines; do not assume mailing on the due date is sufficient. Keep proof of service and confirm that the clerk accepted your filing. Electronic filing is subject to GR 30 and the court’s local requirements.

The best way is to hand-deliver the court pleadings to the court and get you copy stamped received. The same thing with serving on the plaintiff and their attorney; however, most attorney acknowledge receipt and delivery by email and fax.

FAQs:

Q. What happens if I don’t file these documents on time?

A. If you do not respond as required by the applicable deadline, the plaintiff may ask the court for an order of default and a default judgment. Judgment is not entered automatically merely because a deadline passes; the plaintiff must follow the default procedures and provide the required supporting materials. If you appeared before the default motion and supporting affidavit were filed, you generally are entitled to notice before the motion is heard. A Notice of Appearance does not replace an Answer or other permitted response. If a deadline may have passed, seek legal advice promptly because your ability to respond can change after a default motion is filed. See CR 55 and CRLJ 55.

Q. What if I can’t afford an attorney?

A. You have the right to represent yourself in court, but it’s important to remember that the legal system can be complex. If you’re not comfortable representing yourself, you may be able to seek assistance from a legal aid organization or pro bono attorney.

Q. What if I don’t believe I owe the debt?

A. If you believe that you do not owe the debt, do not ignore the lawsuit. Respond as required by the applicable rules and deadline. Your Answer should respond accurately to the complaint’s allegations and raise any applicable defenses. A separate Notice of Appearance is not always required because an Answer can itself constitute an appearance. Gather available evidence relevant to your defense, such as payment receipts, notices cancelling the debt and settlement agreements. See CR 8, CRLJ 8 and RCW 4.28.210.

Conclusion:

Receiving a collection lawsuit can be a daunting experience, but it’s important to remember that you have rights in this situation. Read the summons immediately and confirm the deadline and response required for your case. Do not assume every collection case has the same 20-day deadline or requires both a separate Notice of Appearance and an Answer. The court, governing rules and method of service matter. See CR 12, CRLJ 12 and RCW 4.28.210.

A Notice of Appearance informs the other side that you intend to participate in the lawsuit, but it does not replace an Answer or another response permitted by the rules. An Answer is your formal response to the allegations made against you in the complaint. It’s important to respond to each allegation and to include any affirmative defenses that you may have. Follow the applicable service and filing requirements; an Answer can itself constitute an appearance. See RCW 4.28.210, CR 8 and CRLJ 8.

Use filing and service methods permitted by the court and allow enough time to meet the applicable deadlines. In-person, mail and electronic filing options depend on the court’s rules; certified mail is not a universal requirement or a substitute for timely filing. Keep proof of service and confirm that the court accepted your filing. If you do not respond as required, the plaintiff may seek a default judgment through the procedures described above. See CR 5, CRLJ 5 and GR 30.

If you are not comfortable responding on your own, seek legal assistance promptly, including pro bono help if available. Confirm and complete the response, service and filing steps that apply to your case. A separate Notice of Appearance and an Answer are not always both required. Taking timely action can help preserve your opportunity to raise defenses, but does not guarantee an outcome. See CR 4, CRLJ 4 and RCW 4.28.210.

If you would like more information on how to stop a lawsuit and organize all of your debt, please visit this page of our website: Bankruptcy lawyers: Law Offices of Christopher A. Benson, PLLC

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Author: Christopher A. Benson

Law Offices of Christopher A. Benson, PLLC

1814 South 324th Place Suit B

Federal Way, WA 98003

(253) 815-6940

www.cbenson.com