How Do I Respond to a Court Summons for Credit Card Debt?
Reply to the debt items in the complaint with a denial and then state your defenses. The answer only needs to be two-three pages long.
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.
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?
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.
Just reviewing an answer to a summons is another matter. That is a basic legal task. It can be done in an hour or less, if you specifically request only that. Also, 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 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.
Author Resource:
Matt Highlander writes about the many strategies for eliminating credit card debt; some for those who can pay, some for those who cannot pay. Read all about them in the 230-page Credit Card Debt Survival Guide
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