Answering a Summons

Credit card companies may press charges against delinquent debtors whose accounts are left unpaid for a specific period of time. If you are facing a credit card lawsuit, you will be notified via a summons and complaint sent to your last known address. A summons is a request that you have to appear in court, served by the sheriff or an appointed person who has no involvement to the case. The summons may also be sent via certified mail return receipt requested.

When the summons and complaint is received, you are given a specific period of time to file your response. In most state, defendants are given 20 days to file their answer to the summons. If you don’t file the answer to the summons in time, the judge has no choice but to rule a judgment against you. This is why it is critical to send an answer on time. Being sued by a credit card company may seem daunting but if you know the process, you can get away with a favorable decision without hiring an attorney. 

If you received a summons and complaint for unpaid credit card balance and you have no idea how to draft an appropriate response to a summons, here’s a quick, step by step guide on how to respond to a summons the right way:

Step 1: Read The Summons Thoroughly

When being sued, you will receive two types of documents, the summons and complaint. From the summons, you will know pertinent information relating to the lawsuit while the complaint will list down the allegations made against you. The best place to start is to check the case caption which is listed at the top of the complaint.

Step 2: Know How Much Time You Need To File an Answer

Filing an answer to the summons is important. Civil lawsuits require the defendant (that’s you) to file an answer within a specified period. The specified period to file the answer will depend on the nature of the case and the jurisdiction. Check the summons how much time you have to file an answer or contact your local court clerk and ask for the specified period to do so. In most state, respondents are given 20 days to file an answer. Approach the court clerk to ask for the Notice of Appearance document. Fill out the form, sign it and return the document to the court clerk. This has to be done whether or not you really owe the debt.

Step 3: Determine The Debt’s Age

If you know you owe the debt, check its age. Each state has an imposed period where creditors may pursue delinquent debtors legally, known as the Statute of Limitations (SoL). To check your state’s SoL, you may either call your Attorney General’s office or check online.

Step 4: How To Respond To a Summons for Credit Card Lawsuit

Once you find out the nature of the lawsuit filed against you, you should start drafting an answer to the summons and complaint. From the Notice of Intention to Defend, fill this section with a response. Your response should include a detailed explanation as to why you are not responsible for the debt. The reasons for not being legally responsible for a debt may range from simple mistaken identity or the debt is out of statutes. Filling up this section confirms that you will appear in court and are expected to present your defenses for the allegations.

After completing the response, cut the Notice of Intention to Defend and file it to court. In turn, the court will notify the opposing party of your intention to defend the claim. Usually, the opposing party will think twice about going further with the case at this point.

Most creditors or debt collection companies assume that debtors don’t know a thing about defending themselves in court so they expect an easy victory. By answering the summons and showing your willingness to defend yourself in court, most creditors would rather drop the case instead of spending more money on legal costs. If they see that they will have to wrestle a judgment from you, they will stop pursuing the case altogether. So make sure you know the basics of drafting a response to a summons and check local court rules for more information.