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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