Sued by a debt collector? There's one document they pray you never file.

The packet you were handed is a Summons (it tells you a lawsuit exists and how long you have) and a Complaint (the collector's claims). The clock starts the day after you were served.

CALIFORNIA

• Personal service: 30 calendar days to respond.
• Substituted service (left with someone / posted + mailed): effectively 40 days.
• Served by mail: add 5 days (CCP §1013).
• If the deadline lands on a weekend or court holiday, it rolls to the next business day.

Other states typically run 14–30 days. The exact number is printed on your Summons — that number beats any general rule. Use the Deadline Calculator below, then confirm with the clerk.

You respond to each allegation one of three ways: admit, deny, or state you lack sufficient knowledge (which the law treats as a denial). Denying isn't lying — it means "prove it with admissible evidence." When a debt buyer claims it bought your account on some date, "lack of knowledge" is honest and effective.

CALIFORNIA FORMS

• PLD-C-010 — the official fill-in Answer–Contract form.
• PLD-050 — General Denial. Allowed when the complaint is not verified (or is verified but demands ≤ $1,000). In limited civil cases (under $35,000) a general denial is common.
• Verification: if the Complaint was verified, your Answer must be verified too (CCP §446). In unlimited cases, respond paragraph-by-paragraph.

Never write "I can't afford it." Inability to pay is not a legal defense and can read as an admission. Keep the Answer short, factual, unemotional.

An affirmative defense says: "Even if your story were true, you still can't win — here's why." You must raise every defense that might apply in your Answer, or you usually waive the right to use it later. But list only defenses you can actually connect to your facts — boilerplate you can't support does nothing. The full arsenal is broken down in the next section, and the Defense Selector tool suggests which likely fit your situation.

Preserves your rights Shifts the burden Waived if omitted

A debt buyer must prove an unbroken, documented chain: original creditor → every intermediate buyer → them → your specific account. Generic bills of sale, portfolio spreadsheets, and "robo-declarations" that don't name your account are often not enough without proper authentication and a witness with real personal knowledge of the records.

This is where volume collectors are thinnest. Demand strict proof of standing and the assignment. If they can't produce it, they aren't the "real party in interest" entitled to collect.

Most credit-card agreements contain an arbitration clause that applies to the creditor's "successors and assigns" — which binds the debt buyer too. You can elect arbitration and file a Motion to Compel Arbitration, asking the court to pause the lawsuit. Because arbitration costs the collector real money on an account they bought for pennies, many simply dismiss.

WAIVER RISK

• It's a strategy you must follow through on — not a bluff. The collector will keep working the case until the court rules.
• Raise it early. If you litigate the merits too far first, courts can rule you waived arbitration.
• Weigh who's suing: a debt buyer often folds; a big original creditor (Amex, Discover) may actually arbitrate. Confirm the clause covers assignees and check who pays the fees.

Use the Arbitration Decision Engine before you pull this lever.

Every state caps how long a collector has to sue. File late, and the debt is time-barred. In California, written contracts (most credit cards / open book accounts) run 4 years from the date of default / last activity (CCP §337). Other states run roughly 3–6 years.

DON'T REVIVE IT

• The court won't dismiss automatically — you must raise it as a defense in your Answer.
• Making a payment or even acknowledging the debt in writing can restart the clock in many states. Say nothing that admits it before you check.
• Suing on a known time-barred debt can itself violate the FDCPA (see Module 09).

After the Answer, you can make the collector produce evidence: the signed agreement, the complete account history from inception, and the assignment documents. Tools include a demand/Bill of Particulars, requests for production, requests for admission, and interrogatories. Meet-and-confer rules often apply first.

Collectors frequently can't produce clean records. Missing documentation is one of the most common reasons these cases settle cheap or get dismissed.

Once you've forced proof, you negotiate from strength. Typical settlements land around 40–60% of the balance; weak documentation can push it lower. Rules of the road:

• Get every term in writing before you pay a cent.
• Confirm the account will be reported as settled/satisfied and the case dismissed.
• Forgiven debt of $600+ can trigger a 1099-C (taxable). Plan for it.
• Use the Settlement Calculator to set your opening and floor.

The federal Fair Debt Collection Practices Act gives you a sword. If the collector sued in the wrong venue, misstated who owns the debt, sued on a time-barred debt, or used deceptive language in the pleadings, that can be an FDCPA violation — worth up to $1,000 in statutory damages plus actual damages and attorney's fees, and it creates settlement leverage. You generally have one year from the violation to bring an FDCPA claim.

This is exactly the moment to have a real attorney look — many take FDCPA cases because the law shifts fees to the collector.

If a default judgment was already entered, you may be able to set it aside. In California, CCP §473(b) allows a motion within 6 months for mistake, inadvertence, or excusable neglect; §473.5 helps if you never got actual notice; and a judgment from defective service can be challenged as void. Move fast — once judgments harden they're hard to reopen, and they can be renewed and follow you for many years.

This is time-critical and fact-specific: get it reviewed immediately.