When a debt collector sues you, the stress is immediate. You feel alone, and the idea of hiring a lawyer seems impossible. If you could afford that, you might have already paid the debt.
But you do not have to fight this alone. In Massachusetts, you have strong consumer rights, and responding to the court is your most important right. By filing a formal Answer, you force the collector to prove their case. You keep the power in your hands.
This guide breaks down the process. We cover the 20-day deadline, the proper steps, and how to use self-help tools to get your court document ready.
Ready to fight back? Create your court-ready Massachusetts Answer document now.
1. The Clock Starts Now: Your 20-Day Deadline
A debt collector begins a lawsuit by serving you two documents: a Summons and a Complaint. The Summons tells you that you are being sued. The Complaint lists the collector’s arguments against you.
Your deadline is strict. You have 20 days from the date you were served to file a written Answer with the court.
If you miss this deadline, the court can grant a default judgment to the collector. This means you lose automatically. They win without having to prove a thing. The 20-day clock runs even on weekends and holidays. Mark your calendar and act fast.
2. Massachusetts Answer Filing Fees: Your Key Advantage ($0)
This is crucial information: In Massachusetts, you typically pay no fee to file a standard Answer to a debt collection lawsuit in the District Court or Superior Court. The collector (the Plaintiff) pays the fee to start the case, but the court ensures your right to defense is free.
- The cost for you is generally $0.
- This removes a major barrier, allowing you to focus on your legal defense instead of court costs.
Note: If you choose to file an optional **Counterclaim** (suing the collector back for harassment, etc.), you may be required to pay the full court filing fee (typically $180–$240), as this is seen as initiating a new legal action.
3. Simple Steps to File Your Answer Document
For most debt lawsuits, filing an Answer is the correct and necessary choice. You do not need an attorney to do this. Your Answer must accomplish three main things:
- Answer each issue of the Complaint.
- Assert your affirmative defenses.
- File the Answer with the court and serve the plaintiff.
Let’s look at each step in detail.
3.1. Answer Each Issue of the Complaint
The Complaint lists the collector’s claims against you in numbered paragraphs. You must respond to every single one.
You have three simple choices for each paragraph:
- Admit: You agree with the statement (e.g., your name and address).
- Deny: You disagree with the statement (e.g., the amount of debt they claim).
- Lack of Knowledge: You do not have enough information to form a belief, so you deny the claim. Many attorneys recommend a general denial, which places the burden of proof squarely on the plaintiff (the collector).
3.2. Assert Your Affirmative Defenses
This is where you fight back. An affirmative defense is a legal reason why the collector should not win, even if their initial claims are true. You must list these defenses in your Answer. If you do not list them now, you may lose the right to use them later.
Common defenses you should consider include:
- The debt is too old (Statute of Limitations). In Massachusetts, the deadline for most consumer debt lawsuits is six years. If the last payment or activity on the account was more than six years ago, the debt is “time-barred”. This is a powerful defense.
- Identity Theft or Fraud. The debt is not yours.
- Debt Already Paid. You have already settled or paid the full amount.
- Improper Service. The Summons and Complaint were not delivered to you correctly.
- Standing/Proof. The plaintiff (the collector) cannot prove they legally own the specific debt they are suing you for.
If the collector violated Massachusetts debt collection laws (like Chapter 93A, which prohibits unfair or deceptive practices), you may also file a Counterclaim. This allows you to seek damages from them.
Document Preparation: Our document preparation software helps you choose the correct defenses based on your case details, ensuring procedural compliance without needing a lawyer.
3.3. File and Serve the Answer Document
This is the critical final step. You must complete the filing process within the 20-day deadline.
Here is how the filing process works for self-represented litigants (pro se):
- Print Copies: Print at least three copies of your completed Answer document. One for the court, one for the plaintiff (or their attorney), and one for your own records.
- Complete the Certificate of Service: This section on your Answer document proves to the court that you mailed a copy to the plaintiff’s attorney.
- Serve the Plaintiff: Mail a copy of the Answer to the address of the plaintiff’s attorney listed on the Summons.
- File with the Court: Mail or hand-deliver the original Answer to the court clerk’s office. According to Massachusetts procedure, you should mail the original to the court within 5 days of mailing the copy to the plaintiff’s attorney. This secures your place in the case.
A Note on Procedure: Be sure to file your Answer document with the correct court division and include the Case Name and Docket Number, which are printed on your Summons. If you use a self-help tool like DebtAegis, the document preparation will already include this crucial formatting.
4. Massachusetts Statute of Limitations on Debt
The “Statute of Limitations” is simply a time limit. It sets the maximum time a creditor or collector has to sue you over a debt.
In Massachusetts, the limit for most consumer and credit debt is six years.
This six-year window applies to most written contracts, including:
- Credit Card Debt
- Medical Bills
- Auto Loans
- Personal Loans
The clock usually starts ticking from the date of your last payment or account activity.
Warning: Do Not Reset the Clock. If you make a payment on a time-barred debt, you can reset the entire six-year clock. Never make a payment or promise to pay until you know the debt’s age and your legal standing.
5. Next Steps: Debt Settlement or Trial
By filing your Answer, you have stopped the default judgment. You have forced the collector’s hand. Now, you have time to pursue a settlement.
Often, debt collectors will offer to settle the debt for a fraction of the full amount, especially if you have raised a strong defense like the Statute of Limitations. If you decide to settle, ensure the agreement is in writing and states that the lawsuit will be dismissed with prejudice.
Example: Anna is sued by LVNV Funding for a $5,000 credit card debt. She uses DebtAegis’s document preparation service to file her Answer before the 20-day deadline, asserting that the debt is over six years old and time-barred. Because her defense is strong, LVNV Funding knows they face a tough battle in court. Anna then uses a settlement tool to offer $2,000 to close the account. After negotiating, they agree on a $2,500 settlement. LVNV Funding dismisses the case, and Anna avoids court while saving half the original amount.
Conclusion: Take Control of Your Case
Being sued is intimidating, but it is not a lost cause. The collector relies on you doing nothing. By taking a single, active step—filing a procedurally compliant Answer—you immediately put yourself on equal footing.
Do not wait. The 20-day deadline is absolute.
Let DebtAegis handle the document preparation and procedural compliance, so you can focus on your defense.
Get Your Court-Ready Massachusetts Answer Now (100% Guaranteed Filing Acceptance)