Getting sued for a debt is scary. There is no other word for it. You see the papers, the legal jargon, and the threat of losing money you don’t have. It feels like the walls are closing in.
But take a deep breath. You are not powerless. In Delaware, the law gives you a specific way to fight back, and you don’t need a law degree to do it. You just need to follow the rules and watch the clock.
If you ignore this, the court will likely hand the debt collector a default judgment—meaning they win automatically. They can then garnish your wages or seize your bank account. Don’t let them win by forfeit.
[Create Your Court-Approved Delaware Answer in 15 Minutes]
1. Know Your Deadline (It’s Tight)
Time is your enemy right now. In Delaware, the clock starts ticking the moment you are served with the Summons and Complaint. The deadline depends entirely on which court is handling your case. Check the top of your Summons document.
- Justice of the Peace Court: You have 15 days to file your Answer. This is where most smaller debt cases happen.
- Superior Court or Court of Common Pleas: You have 20 days to file your Answer.
Do not wait until the last day. If you miss this window, the court assumes you agree with the debt collector’s claims.
2. The “Answer” is Your Shield
An “Answer” is simply a written document telling the court you intend to defend yourself. You don’t need to write a novel. You just need to respond to the allegations.
For the Justice of the Peace Court, this is often done using Civil Form 7. You typically have three options for each claim listed against you:
- Admit: “Yes, this is true.” (Only do this if you are 100% sure).
- Deny: “No, this is false.” (Use this if the amount is wrong, the debt isn’t yours, or you aren’t sure).
- Lack Knowledge: “I don’t know.” (This forces them to prove it).
If you don’t want to mess with confusing government forms, we can handle the formatting and procedural compliance for you.
Pro Tip: Filing a standard Answer in Delaware is generally free. You only pay fees if you file a counterclaim (suing them back).
3. The “Bill of Particulars” Strategy
Delaware has a unique rule that helps consumers. In a debt action in the Justice of the Peace Court, you can demand a Bill of Particulars.
This is a formal request asking the debt collector to explain exactly how they calculated the debt. They cannot just say “You owe $5,000.” They must show the math.
- Once you demand this, the plaintiff (debt collector) has 15 days to send you the detailed breakdown.
- If they fail to send it, you can file a motion to compel them to provide it. If they still fail, the court may dismiss their case.
This is a powerful tool. Many debt buyers purchase old debts with very little paperwork. If you ask for specifics, they might not have them.
4. Check the Statute of Limitations
Old debt has an expiration date. In Delaware, the Statute of Limitations for most debts—including credit cards, medical bills, and auto loans—is 3 years.
This clock usually starts ticking from the date of your last payment or the first missed payment. If it has been more than three years, the debt is “time-barred.”
Crucial Warning: The court will not check the date for you. You must raise this issue in your Answer as an “Affirmative Defense.” If you don’t say it, you lose this protection.
5. How to File
Once your paperwork is ready, you must file it with the court and send a copy to the plaintiff’s attorney.
- In Person or Mail: You can mail your Answer to the court address listed on your Summons.
- Service: You must also mail a copy to the lawyer suing you. This is called “Service of Process.”
Ready to Fight?
The legal system is designed for lawyers, not people. But you have a right to defend yourself. Don’t let a procedural mistake cost you thousands of dollars.
We can help you generate a clean, professional Answer document that asserts your rights and affirmative defenses automatically.