Disputing a Court Summons for Credit Card Debt
The first important step is to actually respond to the court summons. Out of guilt, too many people mistakenly defeat themselves by ignoring a summons for credit card debt. They then lose by default and the collection attorney has his way with them.
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.
Courts usually recognize the consumer’s demand for proper documentation. Collection attorneys cannot produce a signed contract because most credit card agreements do not have one. They also have trouble accounting for the exact amount of money they say is owed. If the collection attorney represents a debt buyer, he will also have trouble documenting the transfer of the account from the bank to the debt buyer.
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.
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.
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.
To beat them, civil summonses for credit card debt need to be answered!
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.
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