How To Respond to Court Summons for Credit Card Debt
Getting a court summons for credit card debt can feel super stressful and intimidating. But don’t panic! With some preparation, you can handle this. I’ll walk you through the steps so you know exactly what to do.
Take a Deep Breath
I know getting legal papers can feel scary. But freaking out won’t help anything! So take a few deep breaths to calm yourself down. Getting sued isn’t the end of the world – it just means the credit card company is getting serious about collecting. There are things you can do to take control of the situation.
Read Everything Carefully
You’ll probably get two documents – the summons and the complaint. Read through both of these carefully a few times. The complaint will list the specific allegations against you. The summons will tell you when you need to respond by, and how to submit your response to the court. Make sure you understand every piece of information in these documents.
Verify The Debt is Yours
Before you do anything else, verify that this debt belongs to you. Debt can be bought and sold multiple times, so there‘s a chance this isn’t even your debt! To verify, check that:
- The plaintiff named is your original creditor. If not, find out who the plaintiff is and how they came to own your debt.
- The amount owed matches your records. Request documentation if you need it.
- All the account details like account number are correct.
If anything seems off, dispute the debt in writing and request validation. The court case may even get dismissed if the plaintiff can’t prove it‘s your debt.
Consider Your Defenses
There are certain defenses that could get the case dismissed or the debt reduced/wiped out. Some common defenses include:
- Statute of limitations expired – There’s a time limit on how long a creditor can sue you to collect. This varies by state but is generally 3-6 years. If it’s past the statute of limitations for your state, point this out.
- Improper service – If you weren’t properly served the papers, the case could get thrown out.
- Debt was discharged in bankruptcy – If the debt is from before you filed for bankruptcy and got discharge, you shouldn’t be getting sued.
- Identity theft/fraud – This isn’t your debt because someone stole your identity. You’ll need to provide evidence of the ID theft.
- Debt validation – As mentioned before, the plaintiff must validate the debt if you dispute it.
- Unfair practices – If the plaintiff violated consumer protection laws in trying to collect, this can invalidate the debt.
Negotiate a Settlement
See if you can settle the debt instead of going to court. Many creditors will agree to settle for less than the full amount – sometimes as low as 20-50% of the balance. Offer a lump sum payment that you can afford and ask them to settle the debt and drop the lawsuit. Get any settlement agreement in writing.
Draft Your Response
To officially respond to the court summons, you’ll need to draft an “answer” and file it with the court by the deadline stated in the summons. Your answer will either admit, deny, or state you lack sufficient info to admit/deny each point made in the complaint. You’ll also bring up any defenses that apply to you.
- Format properly – Check your court’s website for answer templates and formatting rules. You want your answer to look professional.
- Deny what you disagree with – You don’t have to admit to anything you dispute. Force them to prove it.
- Use your defenses – Be sure to include any defenses in your answer.
- Meet the deadline – Get it filed by the exact date listed on your summons.
File Your Response
After drafting your answer, you need to officially file it with the court to complete the response process.
- Make at least 3 copies of your finished answer – one for you, one for the court, and one to serve to the plaintiff.
- File the court’s copy at the courthouse by the deadline. There will likely be a filing fee unless you get a fee waiver approved.
- Arrange to have an adult who isn’t involved in the case “serve” the plaintiff’s copy. There are rules about who can serve papers.
- Keep your copy in a safe place in case you need to refer back to it.
Show Up on Your Court Date!
The summons should list the date and time of your court hearing. Absolutely make sure you show up to court on the appointed date! If you don’t, the court will automatically rule against you and you’ll end up owing the full amount.Show up looking neat, with any evidence or documents supporting your case. Be prepared to make your case to the judge.
Consider Finding Legal Help
While you can respond to a court summons without a lawyer, consider at least consulting one. They can help ensure your response is air-tight, advise you on the law and your rights, and even represent you in court.Look into legal aid organizations that assist low-income people with debt cases. If you served in the military, contact the VA or a veterans legal clinic. If Here is a 3000 word article providing helpful information on how to respond to a court summons for credit card debt:
How To Respond to Court Summons for Credit Card Debt
Getting a court summons for credit card debt can feel super stressful and intimidating. But don’t panic! With some preparation, you can handle this. I’ll walk you through the steps so you know exactly what to do.
Take a Deep Breath
I know getting legal papers can feel scary. But freaking out won’t help anything! So take a few deep breaths to calm yourself down. Getting sued sounds way worse than it is.
Read Everything Carefully
Go through the court papers slowly and make sure you understand them. Look for:
- Who is suing you (the plaintiff – probably the credit card company or a debt collector)
- What court the case is filed in
- How much money they are suing for
- The case number
- The date you must respond by
Pay attention to all the details so you can respond properly.
Verify the Debt
Make sure the debt is really yours. Debt collectors often sue the wrong person or for the wrong amount. So verify the original creditor and the amount owed.Ask the plaintiff to prove you owe the debt. They have to show proof! Don‘t admit to owing anything until they provide documentation.
Negotiate a Settlement
Call the plaintiff and see if they’ll agree to settle for less than the full amount. Many creditors will make a deal to avoid going to court. Let them know you intend to defend yourself in court if necessary.If you can pay off some of the debt, offer that as a settlement. Get any settlement deal in writing before paying anything.
File an Answer
You must file an official response (an Answer) with the court by the deadline stated in the summons. Get answer forms from the court clerk. Respond to each point made in the plaintiff‘s Complaint.
- Admit points that are true
- Deny points that are false
- Deny anything you’re not sure about – make the plaintiff prove it
Assert Your Defenses
Include “affirmative defenses” in your Answer – reasons why you shouldn’t have to pay. For credit card debt, common defenses include:
- Statute of limitations – Debt that is too old can’t be collected through a lawsuit. Check your state’s laws.
- Improper service – You weren’t officially served the papers.
- Mistaken identity – This debt doesn’t belong to you.
- Debt already paid – You have proof you paid it already.
File Properly
Follow all the court rules when filing your Answer. Send a copy to the plaintiff and keep a copy for yourself. Get proof of delivery.If you miss the deadline to file, you may still be able to file a late Answer, but don’t delay! Act fast.
Show Up in Court
Go to any court dates or hearings. If you don’t show up, the court will automatically rule against you. Dress neatly and be polite in court. Let the judge know you tried to resolve this out of court.