Answer a "Summons and Complaint" - Debt Collector Lawsuits

Authored By

Education for Justice

Last Updated

05/2023

Welcome! This free program helps you create an Answer to a Summons and Complaint regarding money that someone says you owe.

The program works by asking you questions. It uses your answers to fill out your form. You can print your form and file it with the court.

You need to send a written Answer within 20 days from when you got the Summons and Complaint papers. If you don't, you may automatically lose the lawsuit.

See Step 5 below if it has been more than 20 days!

It could take an hour to get through the interview. If you don't have enough time to finish, save your answers by creating an account with LawHelp Interactive. You can create an account now or any time during the interview.

Before you start the interview, you need to read the instructions below. If you do not want to use this program to fill out your forms, visit the Minnesota Court website to download the Responding to a Civil Lawsuit forms.

1. About this Answer to a Complaint

This interview is best for people with a consumer debt under $5,000. However, it is always best to find a lawyer - especially for debts over $10,000. If you can not find a lawyer before the deadline, use this program and find a lawyer later.

This program will NOT work for debts from:

child support

spousal support

taxes

student loans

If you have not gotten a Complaint yet, do not use this program. Read the Debt Collection and Garnishment sections on LawHelpMN instead.

What if someone has already taken money from my wages or bank account?
When someone takes money from wages or a bank account because of debt, it is called "Garnishment" (or "levy").

If they are taking your money now, it means either:

They are using a "pre-judgment" garnishment, OR
They already won the case against you (they won a "judgment).

If it is a "pre-judgment garnishment," you can use this program, but you should also talk to a lawyer soon.

If they already won the case, and you didn't know you had been sued until they started taking money, this program can not help. Talk to a lawyer right away. A lawyer can say if there are any reasons a judge might let you re-open the case.

If they already won the case, and you knew you were being sued, this program can not help.

Read the Garnishment and Your Rights Fact Sheet.

2. What Do You Need Before You Start?

Before you start the interview, you need the Complaint you got from the plaintiff.

It may also help to have the following things:

receipts related to this debt,

bills you got from the debt collector,

any contract you signed for this debt, and

any other records or papers related to this debt.

These papers will help prove your case if you say you don't owe the debt.

3. What Does Your Computer Need?

4. Get Started!

Start the interview by visiting the Answer to a Debt Collection Lawsuit interview on LawHelp Interactive. You will be taken to a new website.

On LawHelp Interactive, choose:

"Get Started" to complete the interview right away,

OR
"Create Account or Log In" to create an account so you can save your answers and come back later if you need more time.

Start the Interview!

5. If It Has Been More Than 20 Days

Talk to a lawyer.

It may not be too late to send an Answer or to use this program.

Call the courthouse in the county where you’re being sued to find out if the Complaint has been filed in court. If the Complaint has not been filed in court, serve an Answer as soon as possible. It may keep you from automatically losing your case.

If the Complaint has been filed in court, and there is no judgment entered, serve and file an Answer as soon as possible. After you serve and file, the plaintiff may object. In that case, you should talk to a lawyer right away.