Disputing a Court Summons for Credit Card Debt
2:40 AM
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.
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.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.
The rules of civil procedure for the consumer's local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the legal language that needs to be in the answer to the summons.
The local rules of civil procedure govern the best wording of the defenses the consumer should use in the answer to the summons. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, if the consumer cannot afford a local attorney, they can simply ask one to comment on the wording of their answer for a small fee.
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.
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.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.
The rules of civil procedure for the consumer's local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the legal language that needs to be in the answer to the summons.
The local rules of civil procedure govern the best wording of the defenses the consumer should use in the answer to the summons. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, if the consumer cannot afford a local attorney, they can simply ask one to comment on the wording of their answer for a small fee.
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.
About the Author:
Matt Highlander has researched credit counseling, debt settlement, debt collectors and collection attorneys. If you are seeking credit card debt relief, read Credit Card Debt Survival Guide Matt writes for the Guide.
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