Surprise Court Fees? What You Need to Know About Filing an Answer in a Debt Lawsuit

 Surprise Court Fees? What You Need to Know 

If you've been sued by a debt collector, you're probably already feeling stressed and overwhelmed. But here’s something that might come as an unwelcome surprise: in some states, just filing your Answer—your official written response to the lawsuit—can cost you money.

Yes, really.

While many states only require the plaintiff (the debt collector) to pay a filing fee when they start the lawsuit, some states also charge the defendant a fee just to respond. And these fees can be steep—over $100 in some jurisdictions. This can feel unfair, especially when you didn’t ask to be dragged into court in the first place.

 Which States Charge Filing Fees for Answers?

The rules vary from state to state, and even county to county. For example:

- In Colorado, filing an Answer can cost $158 or more, depending on whether you include a counterclaim.

- In Louisiana, fees differ by parish: Jefferson Parish charges $25, while St. Bernard Parish adds per-page fees and may also require service fees over $100.

- New Jersey, Maryland, and parts of Massachusetts and Georgia may also charge for Answers, especially if they involve counterclaims or third-party complaints.

On the other hand, some states like Michigan don’t charge anything to file an Answer. Unfortunately, there’s no consistent national rule, and the details are often buried in court websites or local clerk fee schedules.

 Is There Any Way to Avoid Paying the Fee?

Yes—most states that charge fees offer a process for requesting a waiver if you can’t afford to pay.

You may qualify for a fee waiver if:

- You receive public benefits like SNAP (food stamps), Medicaid, SSI, or TANF.

- Your household income is below a certain threshold (often around 125–150% of the Federal Poverty Level).

- You’re experiencing a financial hardship, such as a recent job loss, eviction, or unexpected medical expenses.

To request a waiver, you typically need to fill out a form—often called a “fee waiver” or “in forma pauperis” application—and provide documentation like pay stubs or benefit letters. If the court approves your request, you won’t have to pay the filing fee.

 What Should You Do Next?

1. Check your local court’s website or contact the clerk’s office to find out whether there’s a fee to file an Answer.

2. Ask about a fee waiver if the fee would be a financial burden.

3. Don’t ignore the lawsuit just because of the fee. If you don’t respond in time (usually 20 to 30 days after being served), the court may enter a default judgment against you—which can lead to wage garnishment or other serious consequences.

Bottom line: Filing an Answer to a debt collection lawsuit should never be out of reach just because of a court fee. But the reality is that some places do charge—and it’s up to you to know the rules in your area and ask for a waiver if needed.

If you’re not sure how to proceed, many legal aid organizations offer free assistance or guidance. Don’t let a filing fee stop you from defending your rights.