Subscribe Feed (RSS)How Do I Respond to a Court Summons for Credit Card Debt?
First the good news is your answer only needs to be 2-3 pages long. It should contain your answer (probably a denial) to the specific charges in the complaint and state all of your possible defenses.
It is very important that the answer is in the format and contains the wording required by your local court?s rules of civil procedure. To avoid a default, those rules will probably require you to send copies of your answer to the summons/complaint to the court and to the plaintiff within 20 days of receiving the summons. You should send everything certified return receipt requested, so you have proof of receipt, according to the Credit Card Debt Survival Guide.
Do I Have Any Good Defenses, if I Owe the Debt?
Good defenses make the plaintiff document the alleged amount they say is owed, a signed contract and that they own the debt. One could also cover the fact that the summons for the debt was issued beyond your state?s statute of limitations for debt collection, if that is the case.
The plaintiff must prove and document your ownership of the debt. You do not have to admit to the debt in court.
Local Attorneys I Have Spoken with Want a Large Retainer to Take My Case. How Can I Find Help?
If you have asked local attorneys for their help with the summons and court case, you have probably been told their services will cost a lot of money. That is because they do not how much of their time will be involved in the case.
Critiquing an answer to a summons is a basic legal task. Approach a newly minted attorney for an hour of their time. Or, if you have low income, you could be eligible for legal aid.
Remember, debt collection attorneys do want to litigate with a consumer who actually responds to their summons. They want the easy money in debtors who default.
This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.
Matt Highlander writes about the many strategies for eliminating credit card debt; some for those who can pay, some for those who cannot pay. Read all about them in the 230-page Credit Card Debt Survival Guide
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