Served with a lawsuit? The deadline is the whole game.

When a debt buyer sues on a charged-off credit card account, the single most important early step is filing a timely written answer, because missing the deadline usually results in an automatic default judgment. A properly drafted answer generally responds to each numbered allegation and raises applicable affirmative defenses — most commonly lack of standing from a broken chain of assignment, the statute of limitations, and failure to properly itemize the amount claimed.

• State rules of civil procedure governing the deadline to answer a summons (commonly 20–35 days after service; varies by state and case type) — verify local court rules and any deadline stated on the summons itself
• General assignment/contract law and UCC § 3-308 (negotiable instruments) — a party suing on an assigned or negotiable debt generally bears the burden of proving standing and an unbroken chain of title
• State statute of limitations for contract/open-account claims (commonly ~3–6 years; varies significantly by state and claim type) — generally an affirmative defense that must be raised, not an automatic bar
• 15 U.S.C. § 1692i — venue restrictions requiring a debt-collection suit to be filed where the contract was signed or where the consumer resides
• State pleading rules generally requiring a plaintiff debt buyer to attach or later prove the underlying account agreement and a complete chain of assignment

• Henson v. Santander Consumer USA Inc., 582 U.S. 79 (2017) (an entity that purchases defaulted debt and collects it for its own account may fall outside the FDCPA's "debt collector" definition, which is centered on collecting debts owed to another)
• Heintz v. Jenkins, 514 U.S. 291 (1995) (attorneys who regularly collect debts through litigation are "debt collectors" subject to the FDCPA)

• File a written answer with the court clerk (and typically serve a copy on plaintiff's counsel) before the deadline stated on the summons
• Respond to each numbered paragraph of the complaint — admit, deny, or state insufficient knowledge to form a belief
• Affirmatively assert applicable defenses — courts generally treat un-raised defenses like the statute of limitations as waived if omitted

• Calendar the exact answer deadline from the date of service (not the date the mail was received)
• Use the court clerk's self-help resources, or a local attorney, to confirm the required answer format if the summons is unclear
• Draft admit/deny responses and list affirmative defenses: lack of standing/chain of title, statute of limitations, improper amount/failure to itemize, and improper service if applicable
• File the answer with the court and serve plaintiff's counsel using the method local rules require
• Keep a filed/stamped copy and proof of service for the file

• A missed answer deadline commonly results in a default judgment that is much harder to undo than answering on time
• Some courts require a filing fee for the answer — confirm with the clerk in advance
• Debt buyers frequently cannot produce the original signed agreement or a complete assignment chain, but that must be tested through the case, not assumed away