Getting a lawsuit in the mail is terrifying. One minute you are going about your day, and the next you are holding a stack of papers that says “Summons and Complaint.”
Your stomach drops. You worry about your bank account. You worry about your wages.
Take a deep breath. You are not powerless. In fact, simply responding to the lawsuit is the single most effective way to stop a debt collector in their tracks. Most people ignore these letters, and that is exactly what the debt collectors hope you will do.
Here is the truth: You don’t need a law degree to fight back. You just need to follow the rules.
Create your court-approved Hawaii Answer in 15 minutes with DebtAegis
1. The 20-Day Rule
In Hawaii, the clock starts ticking the moment you receive the papers. You have exactly 20 days to file a written response, called an “Answer.”
This is a strict deadline. It includes weekends. If you wait until day 21, the court can issue a Default Judgment against you. That is the worst-case scenario. It means you lose automatically, and the collector can start garnishing your wages or freezing your bank account immediately.
Don’t Just Call Them
Calling the collection agency does not count. Negotiating on the phone does not count. Unless you file a written Answer with the court, the clock keeps ticking.
2. How to Write Your Answer
You might think you need to write a long story explaining your financial hardship. You don’t. In fact, you shouldn’t.
The “Complaint” document lists specific claims against you in numbered paragraphs. Your job is to respond to each paragraph with one of three phrases:
- Admit: “This is true.” (Only do this if you are 100% sure).
- Deny: “I dispute this.” (This forces them to prove it).
- Deny for Lack of Knowledge: “I don’t know if this is true.” (A safe bet if you aren’t sure about exact dates or dollar amounts).
The Power of Denial
When you deny a claim, you shift the burden of proof. The debt collector must now prove that you owe the debt, that the amount is correct, and that they have the legal right to sue you. Often, they can’t.
3. Assert Your Defenses
After responding to the claims, you can list your “Affirmative Defenses.” These are legal reasons why you shouldn’t have to pay, even if the debt was originally yours.
Common Hawaii Defenses:
- Statute of Limitations: In Hawaii, the time limit for most debt is 6 years. If the debt is older than that (measured from your last payment), they cannot legally sue you.
- Identity Theft: The debt isn’t yours.
- Lack of Standing: The company suing you didn’t buy the debt correctly from the original creditor.
Pro Tip: You must list these defenses in your initial Answer. If you forget them now, you can’t use them later. Use our system to ensure you don’t miss any vital defenses.
4. Filing Your Answer
Once your document is written and signed, you have to file it. Here is the good news: Hawaii generally charges no fee to file a standard Answer.
You need to send copies to two places:
- The Court: The address is on the top of your Summons.
- The Plaintiff: The lawyer suing you. Their address is on the Complaint.
How to Mail It:
Use USPS Certified Mail with Return Receipt. This gives you a tracking number and a signature. If the court ever claims they didn’t receive your paperwork, that little green receipt is your golden ticket.
5. What Happens Next?
Once you file your Answer, the lawsuit pauses. The court will set a hearing date or a mediation session. Often, debt collectors will simply drop the case because they don’t want to spend money fighting someone who fights back.
You have taken the first step. You protected yourself.
Ready to get this over with?
Writing a legal document from scratch is stressful. One wrong word can hurt your case. We make it simple.
We ask you simple questions about your debt. We build the legal document for you. We give you instructions on exactly how to mail it.
Disclaimer: DebtAegis is not a law firm and does not provide legal advice. We provide self-help document preparation services at your specific direction.