How to Answer a Summons for Debt Collection in Idaho (2025)

Getting sued for debt is stressful. Nobody enjoys facing a debt collection lawsuit. But you can defend yourself without legal training. You have rights under Idaho law.

Below, you’ll learn everything about responding to a debt collection lawsuit in Idaho. We cover deadlines, forms, fees, and filing steps.

Idaho Has a Strict 21-Day Deadline

Every lawsuit starts with a Summons and Complaint. Once served, the clock starts ticking. You must respond quickly.

Under Rule 12 of Idaho Rules of Civil Procedure, you have 21 days to respond. The countdown begins the day after you receive the documents. Weekends and holidays count toward this deadline.

Missing this deadline is serious. The court can grant a default judgment against you. The debt collector can then garnish your wages and place liens on your property. Even if the debt amount is wrong, you lose your chance to fight back.

Don’t let this happen to you. File your Answer before the deadline expires.

Use the Right Forms to Respond

You must file a document called an “Answer” to respond. This is different from a reply or response.

You can use our partner Solo to create your Answer in 15 minutes. The form uses proper legal language and includes affirmative defenses. It’s free to draft online.

Idaho courts also provide forms you can use:

• Idaho courts general forms
• Idaho Small Claims Answer form

Using a form ensures you use correct legal terminology. You’ll present a stronger defense this way.

Idaho Charges a $136 Filing Fee

Idaho courts require a mandatory $136 filing fee for all Answers. The court will reject your documents without payment.

We know this seems unfair. You shouldn’t have to pay just to defend yourself. But that’s Idaho law.

If you cannot afford the fee, request a fee waiver. Fill out the fee waiver request form. Courts often grant these requests if you prove financial hardship.

Follow These Three Steps to File Your Answer

Your Answer must respond to the Summons and Complaint. The Summons notifies you of the lawsuit. The Complaint lists specific claims against you.

Here’s how to respond effectively:

Step 1: Answer Each Claim in the Complaint

The Complaint contains numbered claims. You must respond to every single one. Failing to respond means you admit that claim.

Use one of these three responses for each claim:

• Admit: The claim is true
• Deny: Make them prove it
• Deny due to lack of knowledge: You don’t know if it’s true

Most attorneys recommend denying as many claims as possible. This forces the debt collector to prove their case. You cannot change an admission later, so be careful.

Step 2: Assert Your Affirmative Defenses

An affirmative defense explains why the lawsuit has no merit. Rule 8(c) of Idaho Rules of Civil Procedure lists many defenses you can use.

Common defenses in debt collection cases include:

• Payment: You already paid this debt
• Wrong person: They’re suing the wrong individual
• Wrong amount: The debt amount is incorrect or includes unauthorized fees
• Statute of limitations: The debt is too old to collect

The statute of limitations is powerful. Idaho gives debt collectors five years for written contracts. Oral contracts have a four-year limit. If your debt is older, assert this defense immediately.

Being unable to pay is not a legal defense. Focus on technical defenses that challenge the collector’s case.

Step 3: File and Serve Your Answer

Once your Answer is complete, you need three copies. File one with the court. Send one to the plaintiff’s attorney. Keep one for your records.

You can mail the documents or deliver them in person. Or use our partner Solo to file your Answer and serve the plaintiff’s attorney automatically.

The Idaho Statute of Limitations Can End Your Case

The statute of limitations sets a deadline for filing lawsuits. After this period expires, debt collectors lose their legal right to sue.

Idaho statute of limitations for debt:

• Written contracts: 5 years
• Oral contracts: 4 years
• Credit card debt: 5 years
• Medical debt: 5 years
• Student loans: 5 years
• Auto loans: 5 years
• Personal loans: 5 years
• Judgments: 11 years

The clock starts from your last account activity. Making a payment restarts the clock. Check the statute of limitations before agreeing to any payment plans.

Collectors can still sue after the deadline expires. They’re hoping you don’t know about the statute of limitations. Assert it as an affirmative defense in your Answer.

Idaho Debt Collection Laws Protect You

Federal and state laws protect Idaho residents from abusive debt collectors. You have rights under these laws.

The FDCPA Protects Idaho Residents

The Fair Debt Collection Practices Act applies to all Americans. Debt collectors cannot:

• Call before 8 a.m. or after 9 p.m.
• Contact you more than once in 24 hours
• Discuss your debt with friends, family, or coworkers
• Refuse to identify themselves as debt collectors
• Decline to validate your debt
• Use profane or threatening language
• Threaten arrest for unpaid debts

Report violations to the Federal Trade Commission or Consumer Financial Protection Bureau. The FDCPA only covers debt collectors, not original creditors.

Idaho Requires Collector Permits

Under Idaho Code §26-2223, debt collectors must hold Idaho permits. Ask for the agency’s permit number before engaging with them. You can find this on collection letters too.

You Can Validate Debt Before Paying

Idaho Code §67-2358 requires debt collectors to validate debts. They must provide:

• Original debt amount
• Original creditor’s name
• Payment history
• Evidence connecting you to the debt

You have 30 days to dispute the debt after receiving validation. Request validation to stop frequent collection calls.

Idaho Legal Aid Can Help You

Idaho offers free legal services through government-funded organizations:

Idaho Legal Aid Services, Inc.
(208) 336-8980
1447 S. Tyrell Lane
Boise, ID 83706

ILF Volunteer Lawyers Program
(208) 334-4500
525 W. Jefferson Street
Boise, ID 83702

Find Debt Relief Options in Idaho

Idaho residents have several paths to debt relief. You can create a debt management plan, work with relief agencies, or consolidate debt.

Start With a Debt Management Plan

Tighten your budget first. Allocate more money toward debt payments. Contact creditors to arrange payment plans or modify existing ones.

This works best if you haven’t fallen too far behind. Once you’re facing lawsuits, you need stronger action.

Debt Relief Companies Charge Fees

Debt relief companies negotiate settlements on your behalf. You deposit money monthly into a dedicated account. Once funds accumulate, the company offers settlements to creditors.

Benefits include lower monthly payments and avoiding collector contact. But these companies charge fees that increase your burden. Your credit score drops while waiting for account funds to grow.

Many consumers settle debt themselves using tools like our partner Solo.

Idaho Offers Financial Assistance Programs

Idaho residents may qualify for financial assistance:

• Temporary Assistance for Families in Idaho (TAFI): Monthly benefits for low-income households
• Aid to the Aged, Blind, and Disabled (AABD): Cash assistance for seniors and disabled residents
• Housing Choice Voucher: HUD-approved housing assistance
• Heating Assistance: LIHEAP utility bill help and weatherization

These programs help struggling Idaho families manage finances better.

Debt Consolidation Simplifies Payments

Consolidation replaces multiple debts with one loan. You ideally get a lower interest rate. This simplifies debt management.

The best rates require strong credit scores. Missing a payment puts you back where you started.

Check Your Idaho Court Case Status

Stay updated on your case progress. Check regularly for new actions by the plaintiff.

Use the iCourt Portal to search Idaho court records back to 1995. Search by record number or your name. The system protects your personal information under ICAR 32.

If your case doesn’t appear online, don’t panic. New cases take time to enter the system. Contact your Idaho court directly for information.

Settle Your Idaho Debt

Settling debt means paying less than you owe. This provides an achievable escape from overwhelming debt.

File Your Answer First

Always file an Answer before negotiating settlement. This prevents default judgment and gives you negotiating time.

Negotiate a Lower Amount

Start by offering 60% of your total debt. The collector may reject this or make a counteroffer. Continue negotiating until you reach agreement.

Use our partner Solo to submit offers online. You avoid direct contact with collectors. The platform handles negotiation and you only pay after reaching agreement.

Get Written Agreement

Never settle without written confirmation. Dishonest collectors might seek default judgment anyway.

Your settlement agreement includes the final amount and payment terms. Some agreements require lump-sum payment. Others allow payment plans.

Credit Impact

Settlements appear on your credit report for seven years. This is still better than unresolved debt. The sooner you settle, the sooner you rebuild credit.

Stop Idaho Wage Garnishment

Losing your lawsuit can lead to wage garnishment. Courts order your employer to send debt payments directly from your paycheck.

Idaho law protects you from excessive garnishment. Collectors need court orders first.

Idaho Sets Garnishment Limits

Idaho Code §11-206 defines disposable earnings as money remaining after required withholdings. This includes federal and state taxes only.

Idaho Code §11-712 limits garnishment to the lesser of:

• 25% of disposable income for most debts (15% for student loans)
• The amount your disposable earnings exceeds 30 times federal minimum wage

You keep most of your paycheck. But debt repayment can take years.

File an Answer to Avoid Garnishment

Filing an Answer prevents default judgment. Default judgment gives collectors authority to garnish wages. File quickly to negotiate settlement for less than you owe.

File in Your Local Idaho Court

Stay updated on your case status by contacting your local court. Call the clerk or visit the courthouse directly.

Idaho has courts in every county. Find your local court to file your Answer or check case status.