Respond to the lawsuit.

You just found out you were sued for a debt. What do you do?  

Do not panic, and do not ignore it! Read the documents and identify who is suing you and how much they say you owe. If you think it might be a scam, you can call the court where the case is filed to make sure a case has actually been filed. If the suit is real, then be sure to "answer" by filing a written Answer with the court before the filing deadline. If the suit is real and you have already missed the filing deadline, file an Answer anyway.

If you think that the debt was taken out in your name because of the actions of an abusive partner, your Answer will include a specific denial that states that the debt is not yours and that you are a victim of identity theft. If possible, attach a police report about the identity theft.

The sample Form to Respond to a Debt Collection Lawsuit can be used to help you answer the lawsuit. Your Answer can be handwritten or typed. You can also fill out this form online. There will be instructions on the notice of the suit form about exactly where to send your Answer.

The second page of the sample Form to Respond to a Debt Collection Lawsuit includes a list of the reasons that a person who has been sued may not be responsible for a debt. Read through the reasons in the form and check the box next to the ones that apply to your situation.

A reason that might apply to your situation is “A denial of an account which is the foundation of the plaintiff’s action,” meaning that the account is not your account or that you did not authorize the charges to the account.

In Texas, you have 14-20 days to Answer, depending on the court.  

In justice court, you must respond by the end of the 14th day after you were served with the citation and petition. If the 14th day is a Saturday, Sunday, or court-observed holiday, the Answer is due on the next day that is not a Saturday, Sunday, or court-observed holiday; and if the 14th day falls on a day during which the court is closed before 5:00 p.m., the Answer is due on the court’s next business day.

For debt collection claims filed in county or district court, you must file an Answer by 10 a.m. on the Monday following 20 days from the date you received the petition. If you are not sure what the filing deadline is for your case, call the court. They can help you.