How to file forms with the court
-
Take your forms to the court clerk
- Go to the courthouse address listed at the top of the Complaint you were served with.
- At the courthouse, file the forms by giving the original and the copy of the Answer and Proof of Service to the clerk.
- The clerk will stamp the forms. The court will keep the originals and return the copies to you. The copy is for your records.
Yes. Mail your originals and copies to the attention of the clerk. You need to include the filing fee and a self-addressed, stamped envelope so the clerk can mail your copies back to you.
Some courts allow online filing (called e-filing). You can find out if your court has online filing by visiting your court’s website. -
💵 Pay a filing fee
You’ll need to pay a fee ($225-$450) to the clerk when you file your forms.
If you can’t afford the fee, you can ask the for a fee waiver.
You may qualify for a fee waiver if:
-
You receive public benefits (if so, you automatically qualify for the fee waiver)
-
Your income is less than a set amount
-
You can’t afford the fee and meet your basic needs
-
After you serve and file an Answer
📌 Check your mail regularly and update your address.
- If you move, let the court and plaintiff know your new address by filing and serving the plaintiff with a Notice of Change of Address or Other Contact Information (form MC-040) ↗️ (link opens in a new tab).
Over the coming months, the court may send you information about court dates. The plaintiff will often send you requests for information (discovery), like:
- Requests for admission
- Form interrogatories
If you get these, you need to respond to the request. If you do not respond, you could lose your case or end up owing more money. You may also get a Declaration in Lieu of Live Testimony.
Once you've filed your forms, you've completed the first step in responding to a debt lawsuit.
Debt lawsuits
What's next?
Now that you've filed a response, you'll start to prepare your defense by using a legal process called discovery to gather evidence and find out what evidence the other side has.