Three Questions about Credit Card Debt Court Summonses

March 28th, 2010 | Posted in Credit Card Debt

How do I answer 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. Remember: if something is not specifically denied, it is admitted by default.

It is very important that the answer is in the format and contains the wording required by your local court’s rules of civil procedure. To avoid a default, those rules will probably require you to send copies of your answer to the summons/complaint to the court and to the plaintiff within 20 days of receiving the summons. You should send everything certified return receipt requested, so you have proof of receipt, according to the Credit Card Debt Survival Guide.

What are some good defenses?

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?

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.

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 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.

If you want to learn more about how toeliminate credit card debt, read the Credit Card Debt Survival Guide. www.credit-card-debt-survival.com