FAQ About Credit Card Debt Court Summonses

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.

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.

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.

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 Are Too Expensive. How Do I Find Help?

If you have asked local attorneys for their help with the summons and court case, you have probably been told their services will cost a lot of money. That is because they do not how much of their time will be involved in the case.

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.

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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