Monday 12 March 2012

Response to Summons: Answering to Credit Card Debt Collection Agency


As soon as you learn that charges are being pressed against you for unpaid credit card debt, you need to create the right response to summons. First, you have to read the summons and complaints and file a Notice to Appear in your local court. This will help present the plaintiff from winning the case by default without court proceedings. This also gives a strong message to your creditor that you know exactly what to do and you are ready to defend yourself.

Next comes the drafting of your response to a summons. Your response to summons should include your answers to the complaints and once completed, has to be filed within the given period by the court otherwise, the creditor will win the case by default judgment.

When the response to summons is filed, the Plaintiff can ether pursue the case and request a court date or drop the case. Do note that there are cases wherein creditors will send Discovery as soon as the response to summons has been filed in court.

It’s also important to check for inaccuracies with the complaint and make the plaintiff amend such errors. If it proves that you are too much of a trouble, they might not want to pursue the case at all. However, if you admitted to all allegations listed on the complaint or you answered incorrectly with the response to summons, the plaintiff might think you don’t really know what you are doing and will go on with the case.

However, instead of asking a court date, the plaintiff could send the case straight to discovery phase where you are subjected to a series of Interrogatories, Admissions and Documents. You will also have the chance to submit your questions to the plaintiff during the discovery phase. Depending on your answers, the plaintiff may choose to proceed with the lawsuit and formally request a court hearing or drop the case. If you did not answer on time or your discovery is full of errors, you risk losing your case so make sure to check and double check everything before you file the documents in court!

The fact is, if you know what to do, it’s possible to win the lawsuit. By creating the right response to summons and reviewing your state's court rules and note what you can and what you cannot do during the proceedings as well as purchasing a document, you can fight all debt claims without hiring a lawyer to represent you in court.

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