Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.

A two or three page answer is enough to begin defending against a court summons for credit card debt. The answer to the summons is only the beginning of the case from the court’s perspective. The answer needs to make the collection attorney properly document the alleged debt, according to the Credit Card Debt Survival Guide.

Courts usually recognize the consumer’s demand for proper documentation. Collection attorneys cannot produce a signed contract because most credit card agreements do not have one. They also have trouble accounting for the exact amount of money they say is owed. If the collection attorney represents a debt buyer, he will also have trouble documenting the transfer of the account from the bank to the debt buyer.

The rules of civil procedure for the consumer’s local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the affirmative defenses that need to be in the answer to the summons.

The local rules of civil procedure govern the best wording of the affirmative defenses the consumer should use in the answer to the summons. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, if the consumer cannot afford a local attorney, they can simply ask one to comment on the wording of their answer for a small fee.

Most consumers do not answer credit card debt summonses. Knowing this, collection attorneys will send out large batches of summonses waiting for the defaults. If they get a few responses, they drop those claims to focus on the easy money.

For the few that answer them, civil summonses for credit card debt can be defeated.

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.