How to Answer a Summons From a Credit Card Company

Most people who receive a summons from a creditor have never been in any sort of legal trouble before and have no idea how to handle the situation. The key point to remember, should you find yourself with a summons from a credit card company or from a debt collection agency hired by the credit card company, is not to panic. There is a proper course of action to take that will keep the situation from getting worse, that is, having liens put on your property or your wages garnished.

Instructions

1. Hire an attorney if you can. Most people, however, who find themselves served with a summons from a credit card company don't have the financial means to do this. While hiring professional legal counsel is the optimal route to take, don't despair if you can't. Many, many people have successfully handled their cases themselves.

2. Respond within the allotted amount of time. This is of utmost importance. Don't waste time calling the credit card company itself or the debt collection agency. Your case is now in the legal system and must be responded to accordingly. If you do not respond to the court in time, which typically is 20 to 30 days, a default judgment could be ruled against you resulting in your assets being frozen and your wages being garnished.

3. Prepare your response. Your summons package will include a document entitled "Complaint." This is the list of allegations against you being made by the plaintiff, or creditor. You must answer each individual allegation with "agree," "disagree" or "partially agree," or similar words such as "affirm," "deny" or "lack of knowledge to fully answer." If you are denying or disagreeing with an allegation, write a brief statement explaining why. There may be a form included in your packet on which you can respond, or you can type your answers out on a blank piece of paper. Imitate the same format as the complaint, including a caption at the top consisting of your name, address and telephone number, the title of the case and docket number. Include your signature at the end.

4. File your answer by sending a copy to the court and to the opposing lawyers or creditor. Save a copy for yourself. Consider using registered mail to ensure no lost documents. It may be possible to personally deliver your answer to the courthouse clerk, but read the instructions on your summons to be sure. Again, it is of utmost importance that your answer is received by the court and plaintiff within the given time frame.

5. Appear in court on the day assigned. Failure to do so will result in a judgment against you. In court you will be allowed to argue your side and/or respond to the plaintiff's arguments against you. A formal resolution will then be worked out, likely in the form of a schedule of installment payments.

Tips & Warnings

• Look for free legal advice in your area by checking the phone directory or Internet. Some law firms offer free aid to seniors age 60 or older. But regardless of your age, you might be able to ask a couple of questions right over the phone for free regarding your summons. Similarly, there are many "ask an expert" type websites where you are allowed to post a question to a lawyer or even chat with one online. Read the terms and conditions so you don't enter into a contract you don't want.

• Remember the adage, "Honesty is the best policy." Don't try to hide anything. Take responsibility where it is yours and face the future with a clear conscience.

• Don't immediately contact your creditor or collection agency upon receiving a summons. It's too late for that now. Your main objective must be to answer the summons and follow the legal procedure. Some people believe that if they contact the creditor and promise to make payments, all is well, when in reality a judgment will still be leveled against them for not answering the summons properly.

Resources

• Read this Article in Spanish
• Law Guru
• Legal Help by The American Pro Se Association
• Debt Advice from the National Foundation for Credit Counseling (NFCC)