Debt Collection Defense: What to Do When a Collector Sues You
Savage Lex Team · 2026-07-20
They Are Counting on You Not Responding
Debt collectors file thousands of lawsuits every day. Most people never show up. When they don't, the collector wins automatically.
This is how they make their money. Not by proving you owe the debt. By hoping you don't know how to fight back.
You Have Been Served — Now What?
1. Read Every Page
The summons tells you:
- How many days you have to respond (usually 20-30 days)
- Where to file your response
- What happens if you don't respond
2. File Your Answer
Even if you don't have a lawyer, you can file an answer. Here is what to include:
- Your name and address
- The case number (on your summons)
- Your response to each allegation — admit, deny, or state you lack knowledge
- Affirmative defenses (more on this below)
3. Send a Debt Validation Letter
Under the Fair Debt Collection Practices Act (FDCPA), you have the right to request debt validation within 30 days of first contact. This forces the collector to prove:
- The debt is yours
- The amount is correct
- They have the right to collect
Send this letter certified mail, return receipt requested.
Your Affirmative Defenses
These are legal defenses you can raise in your answer:
| Defense | What It Means |
|---------|---------------|
| Statute of limitations | The debt is too old to be sued on |
| Not your debt | The collector has the wrong person |
| Wrong amount | The amount claimed is incorrect |
| Already paid | You paid this debt |
| Lack of standing | The collector does not own the debt |
| FDCPA violations | The collector broke the law |
Statute of Limitations by State
| State | Written Contract | Oral Agreement | Credit Card |
|-------|------------------|----------------|-------------|
| Georgia | 6 years | 4 years | 4-6 years |
| Texas | 4 years | 4 years | 4 years |
| Florida | 5 years | 4 years | 4 years |
| California | 4 years | 2 years | 4 years |
| New York | 6 years | 6 years | 6 years |
Important: Making a partial payment can restart the clock in some states.
Garnishment Limits
If the collector gets a judgment, they can garnish your wages — but there are limits:
- Federal limit: 25% of disposable earnings, OR the amount exceeding 30x federal minimum wage weekly — whichever is less
- Georgia: 25% or amount exceeding $217.50/week
- Texas: No wage garnishment for consumer debt (except child support, taxes, student loans)
- Florida: 25% of disposable earnings
What Is Protected from Garnishment
| Income | Protected? |
|--------|------------|
| Social Security | Yes |
| SSI | Yes |
| VA Benefits | Yes |
| Child Support Received | Yes |
| Unemployment | Yes |
| Workers Comp | Yes |
| Regular Wages | No (but limited) |
Common Debt Collector Tactics (and How to Stop Them)
| Tactic | What to Do |
|--------|------------|
| Calling at work | Tell them to stop — they must |
| Calling before 8am or after 9pm | Illegal under FDCPA |
| Threatening arrest | Illegal — debt is civil, not criminal |
| Contacting your family | They can only ask for your address or phone |
| Falsifying documents | Report to CFPB and state AG |
What to Do Right Now
- Do not ignore the lawsuit — respond within the deadline
- File your answer — even a basic one beats a default judgment
- Send a debt validation letter — make them prove it is yours
- Document everything — save calls, letters, and texts
- Know your exemptions — protect your wages and property
Free Resources
- SavageLex Court Prep Tool — organize your case, build a timeline
- Consumer Financial Protection Bureau — file complaints against collectors
- Legal Aid — free legal help
- National Association of Consumer Advocates — find a consumer lawyer
The Bottom Line
Debt collectors count on silence. When you do not respond, they win. When you do respond, they have to prove their case.
Know the rules. Assert your rights. Show up prepared.
---
This is legal information, not legal advice. Laws vary by state. Consult with a licensed attorney for advice specific to your situation.