The statute of limitations (SOL) is an absolute defense that can get a debt lawsuit dismissed, but courts will not apply it automatically. You must actively raise it. If you file an Answer without formally listing the SOL as an affirmative defense, you waive the right to use it. The court will let the collector … Read more
Filing an Answer does not end the lawsuit, but it successfully prevents an automatic default judgment against you. Your case will generally take one of four paths next: a settlement offer, a court hearing, formal discovery, or a voluntary dismissal by the collector. Debt buyers frequently abandon lawsuits (voluntary dismissal) when a defendant responds, especially … Read more
The Answer is the official legal document you file to contest a debt collection lawsuit and prevent an automatic loss. Filing an Answer forces the debt collector to prove they own the debt and the amount is accurate, which many debt buyers struggle to do. You must find the deadline on your summons, as you … Read more