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.
What Are Some Good Defenses?
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.
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.
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 want to litigate with a consumer who actually responds to their summons. They want the easy money in debtors who default.
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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