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Frequently Asked Questions about Court Summonses for Credit Card Debt

How do I respond to a court summons for credit card debt? 

Reply to the debt items in the complaint with a denial and then state your defenses.  The answer only needs to be two-three pages long.

The language and format of the answer must be in compliance with your local court’s rules of civil procedure. Those rules direct you to send your answer to the plaintiff and to the court within a set period of time after you receive the summons to avoid defaulting on it.  That is usually 20 days.
Sending your answer certified return receipt is important to document its receipt, states the Credit Card Debt Survival Guide.

What are good defenses?

Good defenses should make the plaintiff prove a contract exists, prove the specific amount owed, and, if they are a junk debt buyer, that they can document ownership of the debt. The defenses you use in your answer must conform to your local rules of civil procedure. 

The important thing to remember is that while you probably owe the debt, it is your right to demand that the plaintiff prove you owe it.  You do not have to admit to owing the debt.

Local attorneys are too expensive.  How do I find help?

If you have asked local attorneys for their help with the summons and court case, you have probably been told their services will cost a lot of money.  That is because they do not how much of their time will be involved in the case. 

However, answering a summons is a basic legal task for any attorney.  There are many local lawyers who can review your answer in an hour, if you ask them to do only that, and not represent you.  Depending on your income, you could also approach the local legal aid society. 

Remember, debt collection attorneys do want to litigate with a consumer who actually responds to their summons.   They want the easy money in debtors who default.

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.