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. 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 Is a Good Defense?

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.

Remember you do not have to legally admit to owing the debt. It is up to the plaintiff to prove that the debt is yours.

I Have Talked to Local Attorneys. They Want Too Much Money to Take My Case. Where Do I Turn?

If you have asked local attorneys for their help with the summons and court case, you have probably been told their services will cost a lot of money. That is because they do not how much of their time will be involved in the 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 want to go to court 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.

Matt Highlander spent months researching strategies for credit card debt relief. Read his complete 230-page Credit Card Debt Survival Guide

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