How to Answer a Summons for a Credit Card Debt Lawsuit

A credit card company could bring legal action against you when your account is substantially past due. A lawsuit entails receiving a summons, which is a notification that you have to appear in court. A summons can be served by the sheriff, someone who is over 18 years of age with no attachment to the case, or by certified mail return receipt requested. Once a summons is received, you have a certain amount of time to respond. The summons will read, “You are summoned to appear for trial at the date, time and location listed above.”

Instructions

1. Fill out the “Notice of Intention to Defend" section of the summons. This section appears on the bottom third section of the document. Sign the notice and explain why you do not owe this debt. Include your address and phone number. When you fill out this portion of the summons, it means you plan to appear in court and present your defense or explain why you do not owe this debt.

2. Detach or cut the notice of intention to defend along the perforated line and send it to the court. The court will receive your notice and notify the plaintiff (the creditor or the creditor's attorney) that you intend to defend the claim.

3. Attend the trial after it is rescheduled. The court reschedules the original trial date which appears on the summons after you submit the notice of intention to defend. The court will inform you, by mail, of the new court date. Bring whatever documentation or paperwork you have to justify or prove your case. When the trial starts, you have an opportunity to explain your defense to the court.

Tips & Warnings

• If you do not have a valid defense against the lawsuit, you may want to contact the plaintiff and make arrangements to pay. When mutually acceptable arrangements are made, you do not have to attend the trial.

• If you do not send the notice of intention to defend to the court, the plaintiff will receive a default judgment against you which means you lose the case.

• If you do not appear in court, the plaintiff will receive a default judgment against you.

• Seek legal counsel if you feel uncomfortable with the process.

References

• District Court of Maryland: What to do if you are sued?
• Credit Info Center: Process Service Requirements