Getting sued for a debt is scary. Most people’s first instinct is to ignore the papers and hope the problem goes away. Please don’t do that.
Ignoring the lawsuit is the only way to guarantee you lose. If you do nothing, the court will likely grant a default judgment against you. This allows debt collectors to garnish your wages or drain your bank account.
The good news? Fighting back is easier than you think. You don’t need expensive lawyers or a law degree. You just need to file a simple document called an Answer before the deadline hits.
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1. The Washington Answer Deadline
In Washington, the clock starts ticking the moment you receive the paperwork.
- The Rule: You have exactly 20 days to file your response.
- When it starts: The countdown begins the day after you were handed or mailed the Summons. It does not start from the date printed on the court papers (which might be weeks old).
Warning: Washington courts are strict. If you miss the 20-day window, the plaintiff (the debt collector) can ask the judge to declare you the loser immediately.
2. Filing Fees: Good News, It’s Usually Free ($0)
One of the biggest myths about being sued is that defending yourself costs a fortune. In Washington State, that is simply not true.
For the vast majority of cases, filing your Answer is FREE.
- Standard Answer: $0. Unlike the debt collector, who had to pay a filing fee (usually $83–$290) to sue you, Washington courts typically do not charge defendants a fee just to file a standard Answer or Notice of Appearance.
- Exceptions (When you pay): You generally only pay court fees if you choose to take aggressive optional actions, such as:
- Filing a Counterclaim: If you sue the debt collector back in the same case.
- Demanding a Jury: If you insist on a jury trial instead of a judge.
The Strategy: Since fighting back costs $0 in court fees, you have absolutely no financial reason to ignore the lawsuit. Don’t let a default judgment ruin your credit when standing up for your rights is free.
3. Your Two Options: Answer vs. Notice of Appearance
Washington law gives you two main ways to respond. It is critical to understand the difference.
Option A: The Notice of Appearance
This is a simple document that tells the court, “I am here, and I want to be involved.”
- Pros: It stops the collector from getting a default judgment behind your back. They must notify you of any future hearings.
- Cons: It does not defend you. It doesn’t tell your side of the story or deny the debt. It simply buys you a seat at the table.
Option B: The Answer (Recommended)
An Answer is your official legal defense. This is where you fight back.
- What it does: It addresses every claim made against you (Admit, Deny, or “I don’t know”).
- Why it’s better: It forces the debt collector to prove their case. If they can’t prove you owe the money, they often drop the lawsuit.
4. How to Create and File Your Answer
You don’t need to write this from scratch. In fact, writing it yourself carries risks—one wrong word can hurt your case.
Step 1: Respond to the Claims
Read the “Complaint” document. It lists numbered paragraphs making claims against you (e.g., “Defendant owes $5,000”). For each paragraph, you must choose one response:
- Admit: “This is true.”
- Deny: “This is not true.” (Force them to prove it).
- Lack of Knowledge: “I don’t know if this is true.”
Step 2: Assert Your Affirmative Defenses
This is your shield. An “affirmative defense” is a legal reason why you shouldn’t pay, even if the debt was originally yours. Common defenses include:
- Statute of Limitations: The debt is too old to be collected legally.
- Identity Theft: The debt belongs to someone else.
- Lack of Documentation: The collector has no proof they own the debt.
Step 3: File and Serve
Once your Answer is signed, you must deliver it to two places:
- The Court: Mail or deliver the original copy to the court clerk listed on your Summons. Remember, there is usually no filing fee for this.
- The Plaintiff: You must mail a copy to the debt collector’s attorney.
Pro Tip: Always use USPS Certified Mail when sending your documents. This gives you a tracking number and legal proof that you met the deadline.
5. Washington Statute of Limitations
If a debt is too old, the collector cannot legally win a lawsuit against you. This is called the “Statute of Limitations.” In Washington, the time limits are:
- Written Contracts (Credit Cards, Loans): 6 years
- Oral Contracts: 3 years
- Medical Debt: 6 years
If your last payment was more than 6 years ago, you may have a “slam dunk” defense. But you must file an Answer to claim it. The court will not check the dates for you.
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