Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.
A two or three page answer is enough to begin defending against a court summons for credit card debt. The answer to the summons is only the beginning of the case from the court’s perspective. The answer needs to make the collection attorney properly document the alleged debt, according to the Credit Card Debt Survival Guide.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.
Answers to summonses for credit card debt are answered differently in different state courts. The local rules of civil procedure provide the guidelines for acceptable answers. They also dictate the proper method of summons and answer service, as well as the amount of time the consumer has to answer before going into default.
Legal defenses that pertain to defending against a credit card debt should be worded carefully so that they comply with the local rules of civil procedure. As a start a resource like the Credit Card Debt Survival Guide will give the consumer a generically worded answer. Then, the consumer can ask a local attorney to comment on the wording of their answer for a small fee, if the consumer cannot afford to pay him to do more.
It is a common practice for collection attorneys to “fish” for defaulting consumers with a batch of court summons. Most credit card debtors do not answer these summonses. For the few that do, the attorney simply withdraws the claim focusing on the easy money from the defaulters he has netted.
To beat them, civil summonses for credit card debt need to be answered!
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.
Matt Highlander has researched credit counseling, debt settlement, debt collectors and collection attorneys. If you are seeking credit card debt relief, read Credit Card Debt Survival Guide Matt writes for the Guide.