Wednesday, May 29, 2013

How to Answer a Debt Complaint

How to Answer a Debt Complaint

Once a debt goes into collection, it is already several weeks, maybe months delinquent. Creditors usually waste no time in trying to collect the debt. It is in your best interest to negotiate the debt before it reaches collection or even during the collections process. Failing to do so may result in a lawsuit. When this stage begins, you will receive a summons, which will contain the debt complaint. This will be your only chance to answer to the debt before the courts take over.

Instructions

    1

    Look through the summons paperwork for the complaint or list of allegations that the debt collector is accusing you of.

    2

    Get a separate sheet of paper or word document and address each complaint. Provide reasons for not making the payment or proof in the form of dates, payment types and amounts used to pay off the alleged delinquent accounts.

    3

    Gather your evidence. Make copies of original documents and prepare to bring both to the court. Make sure that the account numbers on your evidence documents match those in the allegations or complaint list.

    4

    Prepare your formal document. List the allegations as they are on the on the summons. Clearly type the words Admit or Deny beside each allegation. Place one of these words before the explanation. Admitting to an allegation is the same as pleading guilty. Denying the allegation is the same as pleading not guilty to the debt collectors complaints.

    5

    Place your explanation next. Use the reasons that you wrote up in Step two. Proofread it and make sure that it is clear and concise. Verify the details with the evidence material gathered.

    6

    Take or send the answer to the court that is listed in the summons before the due date given. This date will not be in the form of an actual date, but a set number of days from the date of the summons. Use delivery confirmation for letter sent via the post office to ensure that your letter gets to its destination. This will also serve as evidence that you mailed the complaint before the due date.

0 comments:

Post a Comment