No one likes getting sued. It feels personal. It feels overwhelming.
But here is the truth: You do not need a law degree to fight back. The legal system is intimidating, but the process of filing an Answer is actually quite mechanical. If you follow the rules and watch the clock, you can protect your rights, your wages, and your bank account.
Below is everything you need to know about responding to a debt lawsuit in Idaho.
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1. The 21-Day Deadline
Time is your most important asset right now.
In Idaho, the clock starts ticking the moment you receive the Summons and Complaint. According to Rule 12 of the Idaho Rules of Civil Procedure, you must file your response within 21 days.
How to Count:
- Start: The day after you were served.
- Include: Weekends and holidays.
- End: If the 21st day falls on a weekend or holiday, your deadline moves to the next business day.
Warning: If you miss this window, the court will likely grant a default judgment against you. This gives the collector the power to garnish your wages or seize funds from your bank account. Do not wait.
2. The Filing Fee
Most states charge a fee to use their courts. Idaho is no exception.
Currently, the standard filing fee to submit an Answer in an Idaho civil case is $136. You must pay this fee to the court clerk when you file your documents.
- If you don’t pay: The court will reject your filing.
- If you can’t pay: You may request a fee waiver if you are experiencing financial hardship. This requires filling out extra forms to prove your inability to pay.
3. The “Answer” Document
To respond, you must file a specific legal document called an Answer.
Do not confuse this with a “Reply” or a “Letter.” In legal terms, an Answer is a formal written statement where you address the claims made against you.
Your Options for Drafting:
- The Hard Way: Write it from scratch or use generic court forms. This requires you to understand legal terminology and correctly format your affirmative defenses.
- The DebtAegis Way: Use our automated software. We guide you through simple questions, translate your answers into the correct legal format, and generate a PDF ready for filing.
4. Three Steps to File Your Answer
Step 1: Respond to Each Claim
The Complaint document lists specific accusations (claims) against you in numbered paragraphs. Your Answer must respond to each one individually.
- Admit: “This is true.”
- Deny: “Prove it.” (Most common for debt defense).
- Deny for Lack of Knowledge: “I don’t know if this is true.”
Strategy Note: Most defense experts recommend denying claims unless you are 100% certain they are accurate. This forces the debt collector to produce evidence (like signed contracts or payment history) to prove their case.
Step 2: Assert Affirmative Defenses
This is where you tell your side of the story. An affirmative defense is a legal reason why you do not owe the money, even if the basic facts are true.
Common Idaho defenses include:
- Statute of Limitations: The debt is too old. In Idaho, this is generally 5 years for written contracts and 4 years for oral contracts.
- Identity Theft: The debt belongs to someone else.
- Incorrect Amount: The balance includes fees or interest you never agreed to pay.
- Satisfaction: You already paid this debt.
Step 3: File and Serve
Once your Answer is signed, you must make it official.
- File with the Court: Submit your original Answer (and the $136 fee) to the Clerk of the Court listed on your Summons.
- Serve the Plaintiff: You must mail a copy of your Answer to the debt collector’s attorney.
- Keep a Copy: Always keep a stamped copy for your own records.
Ready to Fight Back?
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