Frequently Asked Questions About Court Summonses For Credit Card Debt
How Do I Answer to a Court Summons for Credit Card Debt?
Reply to the debt items in the complaint with a denial and then state your defenses. The answer only needs to be two-three pages long.
The answer needs to be worded and formatted in compliance with the local court?s rules of civil procedure. The rules will dictate that you send your answer to the court and the plaintiff probably within 20 days of your receipt of the summons to avoid a default under those rules. According to the Credit Card Debt Survival Guide, it is important to send the reply certified return receipt requested to prove compliance.
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.
Remember you do not have to legally admit to owing the debt. It is up to the plaintiff to prove that the debt is yours.
I Have Talked to Local Attorneys. They Want Too Much Money to Take My Case. Where Do I Turn?
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 NOT want to litigate with a consumer who actually responds to their summons. They want the easy money in non-answer defaulters.
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 spent months researching strategies for credit card debt relief. Read his complete 230-page Credit Card Debt Survival Guide