How to Win a Summons for a Credit Card if You Are Unemployed

If you've fallen behind on your credit card payments for several months or longer, there's a chance you might get sued by your creditors. If you receive a summons about the credit card debt, this means the creditor has sued you and is trying to win a court's judgment so it can collect its money. A summons is merely the notice that the creditor has sued you and that you are expected to be in court. You cannot "win" a summons, but you can fight the case. Whether you are unemployed is irrelevant to you getting sued, as a lawsuit can and will proceed regardless of whether you have a job.

Instructions

1

Read the summons carefully. The summons is a court notice telling you that someone has sued you and that the court has scheduled a hearing for a specific date. It also may state a date by which you must file an answer to the lawsuit. An answer is your written response to the lawsuit, and it must comply with state requirements.

2

Get started immediately. Once your credit card company has filed suit against you, you only have a limited amount of time to respond. If you fail to respond, or fail to show up in court, the creditor can win its case against you without further action. After that, it can collect the money from you by taking it directly out of your bank account, paycheck or take other actions against which you have few defenses.

3

Research the laws in your state. All lawsuits are governed by your state's laws of civil procedure. These laws require both your creditors and you to comply with very specific steps. Go to your local library or local county courthouse and ask for information about civil lawsuits and civil procedure.

4

Gather evidence. If you want to fight the lawsuit, you'll need evidence that backs up your claims. Get all relevant records you might have, such as the original credit card agreements, payment histories and any communications you've had with your credit card company.

5

Contact the court clerk's office. The court clerk's office is responsible for receiving all court documents related to your case. If you want to file a response to your lawsuit, you have to do so at the clerk's office. Ask the clerk if there are any self-help packets or information available.

6

Attend the hearing. Even if you don't have anything prepared, you can still attend the court hearing. The plaintiff -- the company filing the lawsuit -- has to appear at the hearing and prove its case or the court will dismiss it. However, if you fail to appear and the plaintiff does, the court will grant a default judgment and declare the plaintiff the winner automatically.