How to Respond to a Court Summons for Credit Card Debt

The first thing to do is to respond the summons. Collection attorneys are used to consumers not responding to court summonses for credit card debt. Feeling helpless and guilty the consumer then loses by default, and the attorney gets the court’s backing to collect the debt.

Answering a court summons for credit card debt is actually not that intimidating. It only takes a two or three page document. To defeat the collection attorney, the consumer’s answer needs to demand he properly document the 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).

Legal defenses that pertain to defending against a credit card debt should be worded carefully so that they comply with the local rules of civil procedure. As a start a resource like the Credit Card Debt Survival Guide will give the consumer a generically worded answer. Then, the consumer can ask a local attorney to comment on the wording of their answer for a small fee, if the consumer cannot afford to pay him to do more.

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.

Answering a civil summons for credit card debt is not as daunting as it seems, and it alone can put a stop to the civil action.

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 for theCredit Card Debt Survival Guide, a guide for consumers looking for credit card debt relief.