Sued for Debt in the US: What to Do Before the Deadline

The envelope has a court seal on it, and you have been avoiding the sender’s number for months.

Based on the CFPB, the CFPB debt lawsuit guide and Pew Charitable Trusts. Court deadlines and rules vary by state, so read your own papers.

Why the deadline matters

Pew found that in the places where it has worked on debt cases, 60% to 70% of cases ended in a default judgment for the plaintiff. At least 2 million debt collection lawsuits were filed in 2022, and the true number could be as high as 4.7 million (Pew). A default judgment is hard to change once the case is over, and you may lose the chance to dispute the debt or the amount (CFPB).

The papers are not the end. Missing the date is.

What to do, step by step

• Find the response date in the court papers and write it down (CFPB).
• Respond on time, yourself or through a lawyer. Responding does not admit the debt is valid (CFPB).
• Check the basics: is it your debt, is the amount right, and has the statute of limitations expired? The CFPB says you have a better chance to fight before a judgment is entered (CFPB). A validation letter is how you ask a collector for proof.
• Get legal help. Legal aid offices, clinics and reduced-fee attorneys may help (CFPB).
• Consider negotiating a settlement or payment plan, in writing, before a judgment is entered (CFPB).

If a judgment is entered

Depending on your situation and state law, a creditor may garnish wages, put a lien on property or move to freeze bank funds (CFPB). Read wage garnishment limits, and see what judgment proof means if your income is protected.

If you are drowning in several debts, compare Chapter 7 vs Chapter 13 with a nonprofit plan before you decide, and check what collectors may and may not do.

Before you panic, read these

How long do I have to respond?

The date is in your court papers, and it varies by state and court. The CFPB says to respond by the date specified in the papers (CFPB). Mark it on a calendar the day you get them.

Does answering mean I admit I owe it?

No. The CFPB says responding does not mean you accept that you owe the debt or that it is valid, and it makes the collector prove the debt to the court (CFPB).

What if I just ignore the papers?

The court may enter a default judgment, usually for the claimed amount plus interest, costs and allowed attorney fees (CFPB). Refusing service will not protect you, because courts may treat it as ignoring a properly served case.

Can they sue over very old debt?

Under the FDCPA, a collector cannot sue or threaten to sue after the statute of limitations has expired (CFPB). The time limit varies by state, so check yours, and do not ignore a suit just because you think the debt is too old: raise it in your answer.

Can I settle before the judge decides?

Often, yes. The CFPB says you may be able to negotiate a settlement or compromise with the collector, including before a ruling (CFPB). Get any deal in writing before you pay. Be wary of companies that charge to do it for you: read how settlement companies work.

Where can I get free legal help?

The CFPB points to legal aid offices, legal clinics and attorneys who offer free or reduced-fee help, and to JAG offices for servicemembers (CFPB). Nonprofit credit counseling is also available through the NFCC at 877-360-6322.

Read next

• Judgment Proof in the US: What It Means and What Protects You
• Wage Garnishment in the US: Limits, Rights and How to Stop It
• What Is a Debt Validation Letter? Your Rights Under the FDCPA
• Debt Collector Harassment: Your Rights Under the FDCPA (2026)

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