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. Remember: if something is not specifically denied, it is admitted by default. 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 good defenses?
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.
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?
Most local attorneys know little about consumer debtor rights laws. They protect themselves by quoting a large retainer to handle your 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 not 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.
Learn about debt settlement and legal nonpayment strategies to eliminate credit card debt in the Credit Card Debt Survival Guide. www.credit-card-debt-survival.com