What to Do with a Court Summons for Credit Card Debt

Posted by Matthew Highlander

September 22, 2009

by Matthew Highlander

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.

The answer to a court summons is only the beginning of the case. Two to three pages is quite sufficient. The consumer needs to use this answer to put the collection attorney on notice that he is going to have to work hard to prove his case. The key to this is making the collection attorney 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.

Most importantly, the rules dictate the wording of the 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. Learn about debt settlement and legal nonpayment strategies for eliminating credit card debt.

Credit Card

Tags:Credit Card
Technorati Tags:Credit Card

If you enjoyed this post, please consider to leave a comment or subscribe to the feed and get future articles delivered to your feed reader.

Comments

No comments yet.

Ebay Deals on Credit Card

[CaRP] Can't open cache file.

Credit Card

Vintage Silk Scarf, (260A)
4 Aug 2010 at 9:14am
US $7.97 (1 Bid)
End Date: Monday Aug-09-2010 7:14:46 PDT
Bid now | Add to watch list

200 Chrome Tire Valve Caps
11 Apr 2010 at 9:09am
US $29.95
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $29.95
Buy it now | Add to watch list

GOLD PLATED Bridal Kundan Necklace set with Earring
2 Aug 2010 at 9:14am
US $12.98 (0 Bid)
End Date: Monday Aug-09-2010 7:14:46 PDT
Bid now | Add to watch list

01 02 FORD EXPLORER ANTI-LOCK BRAKE PART
11 May 2010 at 9:09am
US $85.00
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $85.00
Buy it now | Add to watch list

99 00 01 02 SILVERADO 1500 WINDSHIELD WIPER MTR
10 Jun 2010 at 9:09am
US $35.00
End Date: Monday Aug-09-2010 7:14:46 PDT
Buy It Now for only: US $35.00
Buy it now | Add to watch list