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 language and format of the answer must be in compliance with your local court?s rules of civil procedure. Those rules direct you to send your answer to the plaintiff and to the court within a set period of time after you receive the summons to avoid defaulting on it. That is usually 20 days. Sending your answer certified return receipt is important to document its receipt, states the Credit Card Debt Survival Guide.

What Is a Good Defense?

Good defenses should make the plaintiff prove a contract exists, prove the specific amount owed, and, if they are a junk debt buyer, that they can document ownership of the debt. The defenses you use in your answer must conform to your local rules of civil procedure.

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?

Most local attorneys know little about consumer debtor rights laws. They protect themselves by quoting a large retainer to handle your 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 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 researched and wrote part of Credit Card Debt Survival Guide. Learn about debt settlement and legal nonpayment strategies for eliminating credit card debt.

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