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.
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?
A local attorney does not know how much time your case will take him. So, he asks for a large retainer to handle the complete matter.
However, answering a summons is a basic legal task for any attorney. There are many local lawyers who can review your answer in an hour, if you ask them to do only that, and not represent you. Depending on your income, you could also approach the local legal aid society.
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. - 29970
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.
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?
A local attorney does not know how much time your case will take him. So, he asks for a large retainer to handle the complete matter.
However, answering a summons is a basic legal task for any attorney. There are many local lawyers who can review your answer in an hour, if you ask them to do only that, and not represent you. Depending on your income, you could also approach the local legal aid society.
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. - 29970
About the Author:
Matt Highlander is a consumer who has researched credit counseling, debt settlement, debt collectors and collection attorneys. If you are seeking credit card debt relief, read the Credit Card Debt Survival Guide
