How Do I Reply 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 important thing to remember is that while you probably owe the debt, it is your right to demand that the plaintiff prove you owe it. You do not have to admit to owing the debt.

Local Attorneys Are Too Expensive. How Do I Find Help?

Most local attorneys know little about consumer debtor rights laws. They protect themselves by quoting a large retainer to handle your 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 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.

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

categories: Credit Card Debt Court Summons,s,Affirmative Defenses,debt collection attorney,debt collection,credit card debt,credit card,personal finance,debt,credit,business,finance

How Do I Answer 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.

What Is a Good Defense?

They are several good defenses. One makes the plaintiff prove there is a contract for the alleged debt, another makes them prove the amount they say is owed, and a third makes they prove they actually own the debt.

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?

Most local attorneys know little about consumer debtor rights laws. They protect themselves by quoting a large retainer to handle your case.

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 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.

How Do I Answer 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.

What Are Some Good Defenses?

They are several good defenses. One makes the plaintiff prove there is a contract for the alleged debt, another makes them prove the amount they say is owed, and a third makes they prove they actually own the debt.

The important thing to remember is that while you probably owe the debt, it is your right to demand that the plaintiff prove you owe it. You do not have to admit to owing the debt.

Local Attorneys I Have Spoken with Want a Large Retainer to Take My Case. How Can I Find Help?

Most local attorneys know little about consumer debtor rights laws. They protect themselves by quoting a large retainer to handle your case.

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 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.