Rights for a Credit Card Court Summons
If you've received a summons for credit card debt, you may be wondering what to do next. While a lawsuit is often a measure of last resort for many creditors who are attempting to collect a debt, it's important to understand what your rights are and how to defend yourself if you're sued for credit card debt.
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Response
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The primary and right and responsibility you have when being sued for credit card debt is to file an answer with the court. An answer is essentially a statement of how you plan to defend yourself against the lawsuit and you must file this within the time frame specified by the summons.
Dismissal
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When filing your answer, you also have the right to file a motion for dismissal. If you feel the lawsuit is frivolous or there is no basis for it, you may file a motion for dismissal along with any supporting documentation you may have.
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Validation
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Under the Fair Debt Collection Practices Act (FDCPA), you have the right to request validation from any creditor who notifies you about a debt. If you're sued for a debt, you can request validation in writing and the creditor must provide this validation through supporting documentation or else the lawsuit cannot proceed.
Counterclaim
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The FDCPA also provides you with specific protections against what types of collection actions a creditor can take against you. If you feel that any of your rights have been violated under the FDCPA and you can demonstrate proof, you have the right to file a counterclaim against the creditor for damages.
Exemptions
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If you believe that a judgment may be entered against you, you can also petition the court to exclude certain assets from being seized. Exempt assets may include Social Security benefits, unemployment benefits or wages that are obtained through direct deposit.
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References
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