The Answered Blog
Guides for people fighting debt collection lawsuits, with state-specific deadlines, defenses, debt buyer profiles, and filing steps.
State Guides
How to Fight a Debt Collection Lawsuit in North Carolina - A Complete Defense Guide
If you were served with a North Carolina debt collection lawsuit, start by identifying whether you must file a written Answer or appear at a Small Claims hearing. North Carolina cases can also raise statute-of-limitations, debt-buyer pre-suit notice, chain-of-title, NCDCA, and FDCPA issues, but each depends on the plaintiff, court tier, documents, and timeline.
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State Guides
How to Fight a Debt Collection Lawsuit in Wisconsin — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Wisconsin, this guide covers everything you need: the 20-day Answer deadline under Wis. Stat. § 799.06(2), the four main defenses (6-year SOL under § 893.43 with Tarkenton revival rules and § 893.07 borrowing, the Wisconsin Consumer Act counterclaim under § 427.104(1)(j) / § 425.109(1)(h) Kohl rule / § 425.304(1) damages with treble + § 425.308 attorney fees + § 425.301 punitives, chain-of-title attacks under § 908.03(6), and federal FDCPA cumulative remedies), the Wisconsin Circuit Court system (Small Claims division up to $10,000, Civil division above), wayfinding to the seven major Wisconsin debt-buyer plaintiffs (LVNV, PRA, Midland, Cavalry, CACH, Velocity, Jefferson Capital), a concrete 20-day action plan, and what makes Wisconsin one of the better states to defend a debt case in. Founder voice — this is the home-state guide.
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State Guides
How to Fight a Debt Collection Lawsuit in California — A Complete Defense Guide
If you have been served with a debt collection lawsuit in California, this guide covers everything you need: the 30-day Answer deadline (40 days for substituted service) under CCP § 412.20(a)(3) and § 415.20, the four main defenses (4-year SOL under CCP § 337(1) — among the shortest in the country for credit-card debt — with the strong CCP § 360 post-expiry no-revival rule; the Rosenthal Fair Debt Collection Practices Act under Cal. Civ. Code §§ 1788-1788.33 covering ALL collectors including original creditors with $100-$1,000 statutory damages plus actual plus attorney fees; the Fair Debt Buying Practices Act under §§ 1788.50-1788.64 with 8-element complaint requirements, mandatory document attachment, and an automatic default-judgment barrier under § 1788.60; and federal FDCPA cumulative damages), the three-tier court system (Small Claims, Limited Civil, Unlimited Civil), wayfinding to the major California debt-buyer plaintiffs (LVNV, Midland, Cavalry, Jefferson Capital), a concrete 30-day action plan, and what makes California one of the most defendant-favorable states in the country for consumer-debt cases.
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State Guides
How to Fight a Debt Collection Lawsuit in Florida — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Florida, this guide covers everything you need: the 20-day Answer deadline under Fla. R. Civ. P. 1.140(a) (and how the rules differ in Florida small claims under Rule 7.090), the four main defenses (the 5-year written-contract SOL under § 95.11(2)(b) versus the 4-year account-stated SOL under § 95.11(3)(k), the FCCPA counterclaim under § 559.72 with § 559.77 remedies, the Rule 1.130(a) attachment requirement and the Pepper-Garron rule that exhibits control over contradictory allegations, and the federal FDCPA cumulative remedy), the compulsory-counterclaim trap under Rule 1.170(a), the § 222.11 head-of-family wage exemption that most pro se defendants do not know exists, and a concrete 20-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in New York — A Complete Defense Guide
If you have been served with a debt collection lawsuit in New York, this guide covers everything you need: the 20-day-personal / 30-day-substitute Answer deadline under CPLR § 320(a) and § 3012, the four main defenses (the 3-year SOL on consumer credit transactions under CPLR § 214-i which took effect April 7, 2022 as part of the Consumer Credit Fairness Act, the CCFA pleading specificity requirements under CPLR § 3016(j) plus the 22 NYCRR Part 202.27-a affidavit-of-merit rule, chain-of-title and standing attacks, and FDCPA + GBL § 349 counterclaims with treble damages), the NYC Civil Court / Supreme Court / District Court / City Court structure, the permissive (not compulsory) counterclaim rule under CPLR § 3019, exempt-income protection under CPLR § 5222 and § 5222-a, and the 10% wage-garnishment cap under CPLR § 5231 — one of the most debtor-favorable in the country.
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State Guides
How to Fight a Debt Collection Lawsuit in Texas - A Complete Defense Guide
If you were served with a Texas debt collection lawsuit, start with the court and deadline. Many Justice Court debt-claim cases require a written Answer within 14 days, while County Court at Law and District Court use a different deadline rule. Texas cases can also raise statute-of-limitations, debt-buyer pleading, TDCA, FDCPA, exemption, and wage-garnishment issues, but each depends on the plaintiff, court, documents, and timeline.
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State Guides
How to Fight a Debt Collection Lawsuit in Georgia — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Georgia, two facts make GA one of the more defendant-favorable states in the country. First, Nyankojo v. North Star Capital Acquisition (298 Ga. App. 6, 2009) and Wirth v. CACH, LLC (300 Ga. App. 488, 2009) — both binding Georgia Court of Appeals decisions — require debt-buyer plaintiffs to produce account-level chain-of-title proof, not just affidavits or generic bills of sale. The doctrine applies in all three trial-court tiers. Second, the 30-day Answer deadline is uniformly 30 days across tiers but governed by different statutes: O.C.G.A. § 15-10-43(a) in Magistrate Court (where most consumer-debt cases land under the $15K cap) and O.C.G.A. § 9-11-12(a) in State and Superior Court. State and Superior Court cases additionally get a § 9-11-55(a) 45-day filing window (30 days to file, plus an additional 15-day window after a missed deadline as a matter of right) — but this Civil-Practice-Act filing window does NOT apply in Magistrate Court, which has a hard 30-day deadline. This guide covers your tier-specific deadline, your four main defenses (the § 9-3-24 / § 9-3-25 SOL split; chain of title under Nyankojo and Wirth; § 9-11-55(a) procedural runway in the State/Superior tracks; and the federal FDCPA cumulative remedy), the three-tier court system, the Tillman Group strict arbitration-waiver timing trap, and a 30-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Ohio — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Ohio, two doctrinal features make Ohio one of the most defendant-favorable states in the country. First, the Ohio Supreme Court held in Taylor v. First Resolution Investment Corp., 148 Ohio St.3d 627, 2016-Ohio-3444, that debt buyers and their collection attorneys are CSPA "suppliers" and that filing a defective collection suit is itself a deceptive act under R.C. § 1345.02 — treble damages or $200/violation plus mandatory attorney's fees on knowing violations. Second, R.C. § 2711.02 makes the arbitration stay MANDATORY when a valid clause exists, and § 2711.02(C) makes any denial of a stay IMMEDIATELY APPEALABLE as a final order. Combined with Civ.R. 10(D)(1) attachment + the Asset Acceptance v. Proctor four-element provable-sum test, the § 2305.03 borrowing statute that imports shorter foreign SOLs, and the § 1319.12(C) collection-agency assignment requirement, the architecture is unusually deep. You have 28 days under Civ.R. 12(A)(1) — but Ohio also has compulsory counterclaim and 12(E) timing traps that demand careful sequencing.
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State Guides
How to Fight a Debt Collection Lawsuit in Pennsylvania — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Pennsylvania, three structural features make Pennsylvania one of the most defendant-favorable states in the country. First, 42 Pa.C.S. § 5521(b) is a categorical borrowing statute — when the cause of action accrued in another state, Pennsylvania imports the foreign state's shorter SOL. Most major credit-card issuers (Discover, Barclays, Comenity/Bread Financial, TD Bank USA, PNC, Citibank) are Delaware-headquartered, which routinely forces Pennsylvania consumer-credit cases under Delaware's 3-year SOL — one year shorter than Pennsylvania's 4-year default under § 5525. Second, Pennsylvania does NOT permit wage garnishment for ordinary consumer-debt judgments — comparable in scope to Texas Const. art. XVI § 28 and NC § 1-362 categorical bars. Third, Pa.R.C.P. 1029(b) treats a general denial of a specific averment as an ADMISSION — defendants must respond paragraph-by-paragraph or lose case-defining facts. Common Pleas cases have a 20-day Answer deadline; MDJ and Municipal Court cases are hearing-based and require Notice of Intention/Defense plus appearance. Even after filing, you must appear on the hearing/trial date listed on your paperwork unless the court reschedules or cancels it in writing.
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State Guides
How to Fight a Debt Collection Lawsuit in Michigan — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Michigan, two procedural rules unique in this site's registry shape your defense. First, MCL 600.2145 — the affidavit-of-amount-due rule that runs both ways. If the debt buyer attaches a sworn affidavit, that affidavit becomes prima facie evidence of the amount owed UNLESS the defendant files a sworn counter-affidavit WITH the Answer. If the debt buyer fails to attach the affidavit, the procedural shortcut is unavailable. Most pro se Michigan defendants miss this rule. Second, MCL 600.8407(1) bars debt buyers (assignees) from the Small Claims Division entirely — forcing every debt-buyer case into District Court General Civil where defendants have full discovery rights (interrogatories, requests for production, depositions). Most states route debt-buyer cases into simplified small-claims tiers; Michigan does the opposite. You have 21 days under MCR 2.108(A)(1) (28 days if served outside Michigan under MCR 2.108(A)(2)). This guide covers the four main defenses, MCR 2.116 summary disposition, the MUAA mandatory arbitration stay, and a 21-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Virginia - A Complete Defense Guide
Virginia debt collection cases often look different from cases in Answer-deadline states. Many General District Court cases use a Warrant in Debt with a return date, while larger Circuit Court cases use a written Answer deadline. The first job is identifying the court, calendar date, and plaintiff type. Then review statute-of-limitations, chain-of-title, FDCPA, arbitration, and post-judgment collection issues based on the documents and facts.
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State Guides
How to Fight a Debt Collection Lawsuit in Illinois — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Illinois, two structural features make Illinois one of the most defendant-favorable states in the country. First, Illinois Supreme Court Rule 280 imposes facial-pleading disclosure requirements unique in this site's registry — Rule 280.2 requires every debt-buyer complaint to disclose the original creditor, charge-off balance, every assignment date with assignor and assignee identification, itemized fees and interest, and the chain of title from the original creditor through every intermediate purchaser to the named plaintiff. Rule 280.4 provides dismissal with leave to amend when disclosures are missing or defective. Second, 225 ILCS 425/8 makes unlicensed collection by an out-of-state debt buyer a COMPLETE defense — the entire claim is voided. Combined with the 735 ILCS 5/13-210 borrowing statute (importing Delaware's 3-year SOL into most Illinois consumer-credit cases), Illinois has both a strong pleading-stage attack tool AND a borrowing statute. Most registry states have one or the other, not both. You have 30 days under 735 ILCS 5/2-1001(a). This guide covers the four main defenses, the 735 ILCS 5/2-603 fact-pleading framework, § 5/2-615 and § 5/2-619 motion practice, and a 30-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in Minnesota - A Complete Defense Guide
If you were served with a Minnesota debt collection lawsuit, start with the response deadline, court tier, and docket status. Minnesota can use a service-before-filing model, so the case may not be filed with the court yet. Consumer debt cases can also raise statute-of-limitations, no-revival, debt-buyer pleading, collection-agency licensing, FDCPA, and garnishment issues, but each depends on the documents, plaintiff, court, and timeline.
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State Guides
How to Fight a Debt Collection Lawsuit in Indiana — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Indiana, two structural features make Indiana one of the most defendant-favorable states in the country, and they work together as a single mechanism. First, the Indiana Debt Buyer Pleading Act at Ind. Code § 24-5-15.5 (effective 2020) requires every debt-buyer complaint to attach the original signed agreement or charge-off statement, the names of ALL prior owners with transfer dates, and a bill of sale evidencing transfer to the named plaintiff. Failure on any element is treated as a DECEPTIVE ACT under the Indiana Deceptive Consumer Sales Act — not just grounds for dismissal, but a state-statutory counterclaim trigger with treble damages. Most other state debt-buyer pleading statutes do not have this DCSA-violation conversion. Second, Rock Creek Capital LLC v. Tibbett, 231 N.E.3d 256 (Ind. Ct. App. 2024) — recent state appellate authority establishing debt buyers as "suppliers" under DCSA and "debt collectors" under federal FDCPA. Rock Creek is the doctrinal foundation that makes the § 24-5-15.5-as-deceptive-act framing operative. You have 23 days under Indiana Trial Rule 12(A). This guide covers the four main defenses, Trial Rule 9.2 Affidavit of Debt requirement, the two-tier court structure, and a 23-day action plan.
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State Guides
How to Fight a Debt Collection Lawsuit in New Jersey - A Complete Defense Guide
If you were served with a New Jersey debt collection lawsuit, start with the deadline. Many Special Civil Part cases require a written Answer within 35 days, while Small Claims cases may require appearing at the hearing instead. New Jersey also has assigned-claim disclosure and affidavit rules, statute-of-limitations revival issues, arbitration clause questions, and fact-specific FDCPA or NJCFA issues to review.
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State Guides
How to Fight a Debt Collection Lawsuit in Arizona - A Complete Defense Guide
If you were served with an Arizona debt collection lawsuit, start with the court tier and response date. Many Justice Court and Superior Court cases require a written response within 20 days after in-state service, while Small Claims cases may focus on appearing at the hearing. Arizona credit-card cases can also raise statute-of-limitations issues under Mertola, revival questions under A.R.S. § 12-508, chain-of-title proof issues, ACFA/FDCPA questions, and post-judgment collection risk.
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State Guides
How to Fight a Debt Collection Lawsuit in Kentucky - A Complete Defense Guide
If you were served with a Kentucky debt collection lawsuit, start with the 20-day written Answer deadline. Kentucky cases can also raise important statute-of-limitations, borrowing-statute, chain-of-title, records-foundation, FDCPA, and KCPA issues, but each depends on the account, plaintiff, court tier, and documents.
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State Guides
How to Fight a Debt Collection Lawsuit in Missouri — A Complete Defense Guide
If you have been served with a debt collection lawsuit in Missouri, two structural features combine to produce one of the most procedurally distinctive defense profiles in the country. First, Missouri Supreme Court Rule 55.22 (adopted June 28, 2017, effective January 1, 2018) is a facial-pleading rule requiring debt-buyer complaints to recite verbatim or attach the assignment(s) and other documents establishing ownership of the debt. Failure supports dismissal under Rule 55.22(d). Joins the facial-pleading-rule cluster with NJ Rule 6:3-2(c), IN § 24-5-15.5, IL Rule 280, NY CCFA § 3016(j), TX Rule 508.2, MN § 548.101. Second, the FAA-not-UAA arbitration framework — UNIQUE in this site's registry. Mo. Rev. Stat. § 435.350 excludes contracts of adhesion; FAA preempts the exclusion under Bunge Corp. v. Perryville Feed & Produce, 685 S.W.2d 837 (Mo. banc 1985). Defendants compelling arbitration must file under 9 U.S.C. § 4 (FAA), NOT Mo. Rev. Stat. § 435.355. You have 30 days under Mo. R. Civ. P. 55.25 (full circuit court only). This guide covers the four main defenses, the three-tier court structure, and a 30-day action plan.
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State Guides
How to Fight a Debt Lawsuit in Maryland
If you were sued for debt in Maryland, start by identifying the court track, deadline, plaintiff proof problems, and whether the claim is too old under Md. Code, Cts. & Jud. Proc. § 5-101.
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State Guides
How to Fight a Debt Lawsuit in Connecticut
If you were sued for debt in Connecticut, start by identifying the court track, deadline, plaintiff proof problems, and whether the claim is too old under C.G.S. § 52-576.
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State Guides
How to Fight a Debt Lawsuit in Massachusetts
If you were sued for debt in Massachusetts, start by identifying the court track, deadline, plaintiff proof problems, and whether the claim is too old under M.G.L. c. 260, § 2.
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State Guides
How to Fight a Debt Lawsuit in Colorado
If you were sued for debt in Colorado, start by identifying the court track, deadline, plaintiff proof problems, and whether the claim is too old under C.R.S. § 13-80-103.5.
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State Guides
How to Fight a Debt Lawsuit in South Carolina
If you were sued for debt in South Carolina, start by identifying the court track, deadline, plaintiff proof problems, and whether the claim is too old under S.C. Code Ann. § 15-3-530(1).
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