How to Answer a Summons for Credit Card Debt

A civil summons for credit card debt is a written notification that a lawsuit has been filed against you. According to Illinois Legal Aid, the summons will tell what is required of you -- such as a court appearance on a certain date or your written response to the lawsuit within a certain time frame. Laws and procedures regarding summonses can vary by the state. If you do not respond or fail to meet the deadline for responding, a default judgment will be granted to the credit card company or debt collector. Your wages or bank account could be garnished if a default judgment is granted.

Instructions

1

Read the summons carefully. Also read the complaint or petition, which should be attached. Community Legal Services of Mid-Florida reports that the complaint or petition will explain why you are being sued.

2

Appear in court on the date specified in the summons -- if a court date has been set. Or prepare your response to the complaint if that is being requested.

3

Gather information needed to defend yourself against the lawsuit -- if you have a legal defense. Illinois Legal Aid reports that you will lose in court if your only defense is that you can't afford to pay the debt. Possible legal defenses include identity theft, which allows you to maintain that you never applied for the credit card and that the debt isn't yours. You could also insist that you paid the debt. Documents such as police reports or bank statements could help prove your case.

4

Appear before the judge and offer your defense if a court date was scheduled, or answer the summons in writing by responding to each allegation in the complaint. Community Legal Services of Mid-Florida reports that your answer should be completed on 8-1/2-inch by 11-inch paper and include specific information such as the name of the court and the case number (see Resources). Also include any additional information that you would like the court to consider such as a contention that the debt is not yours. Attach copies of documentation to support your defense.

5

File your answer with the Clerk of the Court where the lawsuit was filed. The address will appear on the summons. File the answer in person within the specified time frame to protect your rights and avoid a default judgment. Also send a copy of your answer to the party that filed suit against you. After you file your response, a court date will be set to hear your case.