How to Respond to a Court Summons for Credit Card Debt
Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.
A two or three page answer is enough to begin defending against a court summons for credit card debt. The answer to the summons is only the beginning of the case from the court’s perspective. The answer needs to make the collection attorney properly document the alleged debt, according to the Credit Card Debt Survival Guide.
The court will usually support the consumer’s demand for documentation. Collection attorney’s frequently have trouble producing original credit card agreements and statements totaling the amount claimed as owed. They are used to consumers defaulting. In addition attorneys for debt buyers have trouble documenting ownership of credit card debt from the bank that sold it to them in a large batch of accounts.
The answer to the summons must comply with the rules of civil procedure for the consumer’s local court where the summons was filed. These rules dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They govern how much time the consumer has to respond to the summons once it is received (frequently 20 days).
Most importantly, the rules dictate the wording of the affirmative defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer’s exact wording per the local rules of civil procedure.
Most consumers do not answer credit card debt summonses. Knowing this, collection attorneys will send out large batches of summonses waiting for the defaults. If they get a few responses, they drop those claims to focus on the easy money.
For the few that answer them, civil summonses for credit card debt can be defeated.
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.
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