Sued by a debt collector in Vermont

In Vermont you usually have about 30 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Mark your deadline the day you are served. Small claims: if the papers came by mail, you have 30 days from the date they were mailed to file an answer; if a sheriff or constable served you, 30 days from the date of service (Vermont Judiciary). If you don't answer after being served by a sheriff or constable, the plaintiff may ask for a default judgment, and the judge can enter one if the plaintiff proves the claim (Vermont Judiciary). A debt older than Vermont's time limit for written contracts (6 years) can be a defense.

Time to answer
30 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

Your deadline to answer in Vermont

Time to answer
Small claims: if the papers came by mail, you have 30 days from the date they were mailed to file an answer; if a sheriff or constable served you, 30 days from the date of service (Vermont Judiciary). Civil division: file an answer by the deadline stated in the summons.
Court self-help
Vermont court self-help (official)

Across our 48 state guides the time to answer runs 14–30 days; Vermont's 30 is longer than most.

In nearby states

If you don't answer in Vermont

If you don't answer after being served by a sheriff or constable, the plaintiff may ask for a default judgment, and the judge can enter one if the plaintiff proves the claim (Vermont Judiciary).

Vermont rules for debt lawsuits

  • Collectors, including creditors collecting their own debts, may not tell your employer about the debt before a court judgment unless you or your lawyer agree in writing (CP 104.03(a), 104.07(1)).
  • They may not discuss your debt with family members other than your spouse (or parents of a minor), except after judgment or with consent (CP 104.03(b)).
  • They may not get you to sign an acknowledgment of a time-barred or bankrupt debt without clearly explaining its effect and that you don't have to (CP 104.05(a)).

Old debts as a defense in Vermont

Vermont's time limit to sue is 6 years (12 V.S.A. § 511 (civil actions: 6 years); 12 V.S.A. § 592). On whether a payment restarts the clock in Vermont: The limitations chapter keeps the effect of a payment of principal or interest (12 V.S.A. § 592), which generally restarts the clock; a note of payment written by the creditor alone is not enough proof. A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Check Vermont's statute of limitations

If the collector wins in Vermont

  • Wage limit: Stricter for consumer credit debts: you keep the greater of 85% of weekly disposable earnings or 40 times the federal minimum wage.
  • Bank account: $700 in bank deposits (12 V.S.A. § 2740(15)).
  • Property: Homestead up to $125,000 (27 V.S.A. § 101). Motor vehicles up to $2,500, household goods up to $2,500, plus a $400 wildcard and up to $7,000 of unused amounts (12 V.S.A. § 2740).

Vermont's garnishment rules

Suing a collector who breaks the rules in Vermont

Breaking an AG rule is prima facie proof of an unfair practice (9 V.S.A. § 2453(d)). You can sue for your damages or the money you paid, reasonable attorney's fees, and exemplary damages up to three times what you paid (9 V.S.A. § 2461(b)).

What to do if you are sued in Vermont

  1. Confirm the case with the court

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    In Vermont: Small claims: if the papers came by mail, you have 30 days from the date they were mailed to file an answer; if a sheriff or constable served you, 30 days from the date of service (Vermont Judiciary).

  3. Answer in writing

    File it with the court clerk and send a copy to the collector's lawyer. Start with Vermont court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Vermont's 6 years for written contracts?

  5. Show up in court

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Free legal and consumer help in Vermont

Questions about debt lawsuits in Vermont

How long do I have to answer a debt lawsuit in Vermont?

Small claims: if the papers came by mail, you have 30 days from the date they were mailed to file an answer; if a sheriff or constable served you, 30 days from the date of service (Vermont Judiciary). Civil division: file an answer by the deadline stated in the summons.

What happens if I don't answer a debt lawsuit in Vermont?

If you don't answer after being served by a sheriff or constable, the plaintiff may ask for a default judgment, and the judge can enter one if the plaintiff proves the claim (Vermont Judiciary).

What if the debt is too old to sue on in Vermont?

Vermont's time limit to sue is 6 years (12 V.S.A. § 511 (civil actions: 6 years); 12 V.S.A. § 592). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

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