How to Respond to a Court Summons for Credit Card Debt
3:21 AM
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.
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 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 affirmative defenses that need to be in the answer to the summons.
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.
In some parts of the country, collection attorneys are known to send out summonses for credit card debt in large quantities. They know by experience that most consumers will not respond with an answer. If they get a few responses, they will withdraw those claims and focus on the non-responders going into default.
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.
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 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 affirmative defenses that need to be in the answer to the summons.
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.
In some parts of the country, collection attorneys are known to send out summonses for credit card debt in large quantities. They know by experience that most consumers will not respond with an answer. If they get a few responses, they will withdraw those claims and focus on the non-responders going into default.
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.
About the Author:
Matt Highlander writes for the Credit Card Debt Survival Guide. If you are searching for credit card debt relief, read about proven strategies for settling debts and handling debt collectors as well as collection attorneys.
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