Three Questions About Credit Card Debt Court Summonses

October 30th, 2009 | Posted in Credit Card Debt

How Do I Answer to a Court Summons for Credit Card Debt?

Your response only requires 2-3 pages. Answer the specific items in the complaint (with a denial) and then give your 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.

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.

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 NOT want to go to court 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 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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