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 Is a Good Defense?
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.
I Have Talked to Local Attorneys. They Want Too Much Money to Take My Case. Where Do I Turn?
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.
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 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. - 31377
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 Is a Good Defense?
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.
I Have Talked to Local Attorneys. They Want Too Much Money to Take My Case. Where Do I Turn?
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.
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 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. - 31377
About the Author:
Matt Highlander writes for Credit Card Debt Survival Guide. If you are searching for credit card debt relief, read about proven strategies for settling debts and handling debt collectors as well as collection attorneys.
