How to Respond to a Credit Card Summons
A credit card company will typically charge off unpaid credit card debt after 180 days and sell the debt to a collection agency. If standard collection methods, such as letters and telephone calls, prove unsuccessful, then the collection agency may sue the debtor to collect the debt. If you have received a summons and complaint notifying you that you are being sued for a credit card debt that you did not pay, it is imperative that you respond to the summons to prevent the plaintiff from winning the case by default.
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Instructions
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Read the summons and complaint carefully to make sure you recognize the credit card debt and the charges the creditor makes against you. Even if you owe the debt, the complaint may be inaccurate.
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Check the age of the debt. Each state has a statute of limitations dictating how much time a creditor has to legally file a lawsuit against you. The statute of limitations begins 180 days after the last payment you made on the debt.
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File a notice of appearance with the court that issued the summons and complaint. This states that you intend to appear in court to defend yourself.
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File an answer to the summons and complaint with the court within the given time frame for your court district. If any part of the complaint is inaccurate or if the statute of limitations on the debt has passed, you may include these facts in your answer.
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File a declaration of exempt income and assets with the court. This details your financial situation and is a great benefit to you if you are currently living on a very limited income or you receive benefits, such as Social Security, that a creditor would be unable to garnish. Depending on the information contained in your declaration of exempt assets and income, the creditor may drop the lawsuit against you.
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File a discovery request with the court requesting proof from the creditor that you owe the debt. Even if you are positive that the old credit card debt is yours, the burden of proof in court rests on the plaintiff. If the creditor is unable to provide acceptable documentation that proves you accrued the original debt, the lawsuit will be dismissed.
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Tips & Warnings
-Hire a credit attorney or, if your state permits it, a credit specialist to represent you in court.
-A printout of the amount of the debt and your name and Social Security number does not constitute proof that you owe the debt. Solid proof would be the original contract that you signed with the credit card company. Many creditors are unable to provide this in a lawsuit.
-Most debt lawsuits are filed by creditors hoping that the debtor will never respond. Simply responding and stating that you will appear in court is often enough to cause the plaintiff to withdraw the lawsuit.
If you fail to respond to the debt, the plaintiff will win the case by default. This can result in a judgment appearing on your credit report, your wages being garnished or your bank accounts being seized.
