How To Fill Out an Answer Form in a Debt Collection Lawsuit

0:04 Intro
0:10 What is Upsolve?
0:19 Where To Get an Answer Form
1:10 Step 1: Fill Out Case Information on Your Answer form
1:40 Step 2: Respond to Each Claim in the Complaint
2:21 Step 3: List and Explain Your Defenses
2:52 Step 4: Raise Counterclaims (if applicable)
3:13 Step 5: Sign and Date the Form
3:30 Variations by Court: How To Find Your Court’s Rules and Requirements
RESOURCES
✨To see if you’re eligible for free help from Upsolve, check out upsolve.org/ ✨
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👀 Looking for free or low-cost legal help in your area? Check out lawhelp.org
For more information on how to answer a court summons without a lawyer, visit:
🌐 bit.ly/respondtosummons
For more info on debt lawsuit defenses visit: 🌐 bit.ly/debtlawsuitdefenses
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If you get sued by a debt collector, fighting back is as easy as doing some paperwork.
This video covers how to fill out an answer form, which is the paperwork you need to let the court and debt collector know that you plan to defend yourself.
Let’s start with where you get an answer form…
Many courts have blank forms on their website you can download and use.
To see if your court has one, Google the court name printed on your r summons plus the phrase “court forms” or “answer form” - look for links to the court’s website or a legal aid nonprofit. You can also go to the courthouse to get the form if that’s easier for you.
We’re about to get into the general steps to fill out an answer form, but I wanna say first that it’s super important that you read any instructions for your specific answer form carefully and follow them exactly.
If you don’t know what something means, ask the court clerk or check out the link in the description to find free or low-cost legal help near you.
THE ESSENTIAL ELEMENTS OF (most) ANSWER FORMS
Step 1: Fill Out the Case Information
At the top of the form, you'll fill in basic information about the case such as the case number, court name, and names of the plaintiff and defendant.
As a reminder, the plaintiff is the person or company suing you and the defendant is the person being sued; you if you’re filling out the answer form.
You can find all the information you need to fill out the top part of this form on the summons and complaint at the start of the suit.
Step 2: Respond to Each Claim in the Complaint
This section is where you respond to each claim made against you, which are usually listed in numbered paragraphs on the complaint document you received. have that handy as you fill out your answer from.
Check out our video • How To Read and Unders... to see an example.
Go through each claim and state on your answer form whether you:
-Admit to the claim (agree with it)
-Deny the claim (disagree with it)
-You don't have enough information to admit or deny the claim
This is how you tell the court which parts of the case you plan to fight.
Step 3: List and Explain Your Defenses
There are two types of defenses: a basic defense and an affirmative defense. A basic defense essentially says “that claim isn’t true.” An affirmative defense says the plaintiff left out information that means they shouldn’t win the case even if the claims are true.
This is one of the most complex parts of the answer form, so we created a separate video to explain it. [FORTHCOMING]
Step 4: Raise Counterclaims (if applicable)
If you believe the plaintiff owes you money or has harmed you in some way that relates to the lawsuit, you can make your own claims against them in this section. While it’s your legal right to file a counterclaim, this process can get complicated, so it’s best to seek legal help.
Step 5: Sign and Date the Form
Pretty much every court form will require your signature and the date. When you sign and date the form, you’re formally declaring that the information you've provided is true to the best of your knowledge.
Since each court operates slightly differently, there may be other forms or additional sections in your answer form that are specific to the court hearing your case. For example, many states require defendants to fill out a certificate of service. This may be a separate form or part of a multi-page answer form packet.
The Certificate of Service formally tells the court that you sent a copy of your answer form to the plaintiff. This is the most common additional form or section, but there may be others for your specific court. Do your due diligence and research your court’s requirements for answering a debt lawsuit and be sure to do everything that’s required.

[@mnewyork]

Does the credit card company need to show a signature of the agreement to be valid for court? I was told when you ask for Validation or Verification Credit Card do not need to produce a signed a agreement in court to prove the debt is valid and you own it ? is ths true .... I sent Original Creditor Lawyer Validation Letter for and in Lawsuits Answer ... Lawyer sent back just all the Credit Statment with no signed documents...EXHIBIT A was just the Credit Agreement with no signature . and A Free help Lawyer in courtn told me they do not need to show signature for them to win case.. is this true its a New York City Case

[@Upsolve]

@mneyork sorry for the late reply! Often CC companies don't need to how a signature of the agreement, but it's best to get local legal advice if you aren't sure. The free help lawyer probably knows the local law well! Good luck with your case.