Sued by a debt collector in Vermont: what to do

Find the deadline on the summons and write it down. Call the court clerk to confirm it and ask how to file an answer.

Why: Deadlines are short (often 14 to 30 days) and set by your state and court. Missing it usually means a default judgment.

Check that the case is real: look up the case number on the court's website or call the clerk using a number from the court's official site, not from the papers.

Why: Fake lawsuit threats are a common scam; a real case is on file with the court.

If you answered “Yes, or a judgment was already entered” to “Has the deadline on your summons already passed?”

If the deadline passed or a judgment was entered, call the clerk and legal aid today about a motion to set aside (vacate) the default.

Why: Courts can sometimes reopen a case, but time limits for asking are short.

If you answered “I can't tell” to “Has the deadline on your summons already passed?”

If you can't tell whether the deadline has passed, call the court clerk today with the case number and ask.

Why: The clerk can tell you the answer deadline and whether a default has been entered.

File a written answer with the court by the deadline and send a copy to the collector's lawyer as the court requires. Many courts have answer forms and self-help centers.

Why: Filing an answer stops a default and makes the collector prove the debt.

If you answered “Regular civil court / Not sure” to “Which court is the case in?”

If the case is in regular civil court, contact legal aid or a consumer lawyer as soon as you can.

Why: Regular civil court has more formal rules for answers, evidence and motions.

If you answered “Small claims / justice / magistrate court” to “Which court is the case in?”

If the case is in small claims court, read your state small claims page (link below) for how hearings and appeals work there.

Why: Small claims courts have simpler forms but their own appeal rules and deadlines.

In your answer, list every defense that fits: not my debt, wrong amount, already paid, identity theft, the collector can't prove it owns the debt, or the time limit to sue has passed.

Why: Defenses you don't raise can be lost. The court won't raise the time limit for you.

If you answered “Yes / Not sure” to “Was your last payment on this debt more than 3 years ago?”

Compare the date of your last payment with your state's time limit to sue.

Why: Federal rules forbid debt collectors from suing on a debt that is too old, but the court will only consider it if you raise it.

If you can't afford the filing fee for the answer, ask the clerk for a fee waiver form.

Why: Courts can waive fees for people with low income.

Go to every hearing. Bring your documents and copies.

Why: If you don't appear, the court can rule against you even after you answered.

If you owe the debt, you can try to settle before trial. Get any settlement in writing and make sure it says the case will be dismissed.

Why: A written settlement filed with the court protects you if the collector later claims you didn't pay.

If a judgment is entered, learn what can be protected: see the wage garnishment and bank levy plans and your state's limit below.

Why: State and federal law protect part of your wages and some benefits.

If you have many debts or several lawsuits, look into bankruptcy options.

Why: Filing bankruptcy stops most lawsuits and garnishments while the case is open.