Answering is not enough

I have placed a lot of emphasis on the important of answering a lawsuit. And answering is important. If you do not answer a lawsuit in the time allowed (in Minnesota, 20 days), you lose. At that point, expect the debt collector to use garnishment to pull money out of your wages or bank account.

But while answering satisfies your initial obligations, answering alone is not enough.

Once the pleadings are in, the lawsuit–whether or not it is filed with the court, in Minnesota–moves into discovery. Discovery includes written questions and answers, document requests, medical examinations, depositions, and more. In a debt collection lawsuit, the debt collector will usually serve interrogatories, requests for admissions, and requests for production of documents. Failing to respond to these–especially the requests for admissions–can be just as harmful as not responding to the summons and complaint. For example, if you are asked to admit that you owe the debt, and you do not deny you owe the debt (if you can deny truthfully) within 30 days, you are deemed by the court to have admitted you owe the debt.

Discovery may be even more valuable for the debtor, because few debt collectors actually have the documents necessary to prove they own and are owed the debt. If that debtor is you, careful discovery requests will enable you to find out whether the debt collector can prove their case. If they cannot, you may be able to win the lawsuit.

So do not just send an answer and then ignore the lawsuit. Discovery, the next phase of a lawsuit, is at least as important as the initial pleadings, if not more.