Getting served with a lawsuit feels like a punch to the gut. I know the feeling. You open the door, take the papers, and suddenly your financial stress has a court date.
You might be thinking, “If I had the money to hire a lawyer, I would have just paid the debt.”
You are not alone, and you are not out of options. You can handle this yourself. In Tennessee, the law gives you a clear path to tell your side of the story, but you have to act fast.
[Make Your Tennessee Answer Document in 15 Minutes]
The 30-Day Rule: Your Most Important Deadline
In Tennessee, the clock starts ticking the moment you receive the papers. According to Tennessee Rule of Civil Procedure 12.01, you have exactly 30 days to file your response.
Do not hide from this. If you ignore the lawsuit for more than 30 days, the court will likely grant a Default Judgment against you. That means you lose automatically. The plaintiff (the debt collector) gets the power to garnish your wages, seize your bank account, or place a lien on your home—all because you didn’t say “wait a minute.”
Good News: The Filing Fee (or Lack of One)
When you are sued, you worry about costs. Here is a bit of relief: In many Tennessee courts, specifically General Sessions Courts, it usually costs $0 to file a standard Answer denying the debt.
However, Tennessee counties play by their own rules:
- General Sessions: Typically free to file a simple Answer.
- Circuit Courts: Some counties may charge a small administrative fee (around $7.00 in places like Knox County).
- Counterclaims: If you plan to sue the collector back (a “Counterclaim”), you will have to pay a filing fee, which often exceeds $100.
Recommendation: Call the Court Clerk’s phone number listed on your Summons. Ask them simply: “Is there a filing fee for a defendant to file an Answer in this case number?”
3 Simple Steps to Respond
You don’t need a law degree to file an Answer. You just need to follow the procedural rules.
1. Answer Each Claim
The “Complaint” document lists the accusations against you in numbered paragraphs. Your job is to read each one and decide:
- Admit: “Yes, this is true.” (Use this for basic facts like your name).
- Deny: “No, this is false.” (Use this if the amount is wrong or it’s not your debt).
- Deny for Lack of Knowledge: “I don’t know.” (Use this if you aren’t sure).
Most experts suggest issuing a “General Denial” where appropriate. This forces the debt collector to prove every single fact they claim.
2. Assert Your Affirmative Defenses
Defenses are your reasons why you don’t owe the money, even if the facts are true.
- Statute of Limitations: In Tennessee, the deadline to sue for most debts is 6 years. If the account has been inactive for longer than that, the lawsuit is invalid.
- Identity Theft: The debt isn’t yours.
- Lack of Standing: The debt buyer (like LVNV or Midland Funding) cannot prove they legally own your specific debt paper.
3. File and Serve
Once your Answer is written, print three copies.
- Copy 1 (Original): Goes to the Court Clerk. This is the official filing.
- Copy 2: Mail this to the plaintiff’s attorney. This is “Service.”
- Copy 3: Keep this one for your records. Stamp it with the court’s file stamp if you file in person.
[Get Your Court-Approved Answer PDF Now]
Summary of Tennessee Statutes
Knowing the laws prevents you from being bullied. Here is the cheat sheet for Tennessee:
| Legal Topic | Rule/Law |
|---|---|
| Response Deadline | 30 Days (Tenn. R. Civ. P. 12.01) |
| Statute of Limitations | 6 Years (Tenn. Code § 28-3-109) |
| Filing Fee (Answer) | Usually $0 (General Sessions), Varies by Circuit |
You can do this. The system is intimidating by design, but it bends to those who show up. File your Answer, tell your truth, and protect your rights.
