Of course this is only my personal experience, your mileage may vary, but I just checked my credit report and the loan I defaulted on less than 5 years ago is not on it. At all. The single blemish is a department store credit card payment marked 30 days late in 2012.
This is after 3+ years of daily collections calls from half a dozen companies pursuing a high five-figure debt.
The takeaway being: debt is a business phenomenon and discussions about it are a negotiation. I negotiated hard; when my offers of partial repayment were refused I never answered their calls again. In fact I created a special, looong outgoing voicemail message that sounded like I was answering the phone ("Hello? What? Hello? Are you there? Okay, a large pizza? We don't do gluten free!") and forwarded any unrecognized number to it straightaway. Just maybe that made someone laugh and they decided to toss my file.
Had I gotten a summons, I was advised by a lawyer to demand a witness. I never tested that tactic, but I do suspect that if someone had the means to extract money from me they would have, and they did not.
> In general, you really want to try to avoid being sued.
In reality, companies will do almost anything to avoid suing you for small amounts of money. The financials don't make sense. E.g. how much gym debt would it take to justify a lawyer's fees to pursue you? Not less than several thousand dollars, probably much more.
Actually, the question you should ask is 'where is your witness?' - the lender needs to have more than documentary proof of your debt.
Here's how the process plays out:
When you owe a debt what happens is the lender will contact you a few times and then, if you don't pay, they will sell the debt on to people who are in the collections business. And over the course of a year or two your debt will likely change hands multiple times, at incredible devaluation. (Listen to the This American Life episode, it's great in this regard.)
These companies will make all sorts of outlandish claims about what might happen if you don't pay. In reality, nothing at all will happen outside of the hit your credit rating will take if they take the issue that far. All things considered, that's a non-issue for most people facing debts they have no way of repaying.
In the not very likely event you are actually summoned to court, what will happen is that the lawyers working for the current owner of your debt will try to strong-arm you before you go before a judge. They'll say 'let's settle this now before things get serious in there' etc., and will offer to accept a fraction of what the paper says you owe.
That's when you ask, 'where is your witness?'. The chances of the 2nd or 3rd collection agency to purchase your packaged debt being able to haul into court the very same loan officer who witnessed you sign for a loan years ago approaches zero for cases involving less than seven figure sums.
Source: advice given to me by a debt counselor during my own business loan default 'issue'.
Update: the idea of bad debt ruining your credit score is a myth. I defaulted on a high-five-figure debt and two years later qualified for a six-figure mortgage with a mid-five-figure income. Most of the talk of 'this will go down on your permanent record' is FUD.
This is after 3+ years of daily collections calls from half a dozen companies pursuing a high five-figure debt.
The takeaway being: debt is a business phenomenon and discussions about it are a negotiation. I negotiated hard; when my offers of partial repayment were refused I never answered their calls again. In fact I created a special, looong outgoing voicemail message that sounded like I was answering the phone ("Hello? What? Hello? Are you there? Okay, a large pizza? We don't do gluten free!") and forwarded any unrecognized number to it straightaway. Just maybe that made someone laugh and they decided to toss my file.
Had I gotten a summons, I was advised by a lawyer to demand a witness. I never tested that tactic, but I do suspect that if someone had the means to extract money from me they would have, and they did not.