A complaint for a credit card debt is a lawsuit filed in civil court. Lawsuits for credit card debts are very serious matters because they can lead to court judgments and bank or wage garnishment. The complaint is a paper document listing a series of allegations. The complaint may allege that you opened a credit card account on a certain date, made various charges, and eventually stopped paying on the account. Answering the complaint usually requires providing the court with a written response to the allegations. In some states, defendants must appear before a judge to answer the charges. A written response also leads to an eventual appearance before a judge unless there is a dismissal of the case
Process
What happens after the defendant answers the complaint depends on the judge, the legal process for civil suits in the debtor's state, and the facts in the case. Some debtors who answer credit card lawsuits by appearing in court for a trial receive judgements the same day. A judgment requires the debtor to pay the credit card company a specific amount of money or face garnishment. Others defendants sending written responses to the lawsuit may receive orders to attend a pretrial hearing for a discussion of the case.
Options
At a pretrial hearing a judge could urge a settlement. In 2011, the "South Florida Sun-Sentinel" reported how one man appeared in court at a pretrial hearing on a credit card lawsuit. The man owed the card company $2,550, including $900 in interest. The judge reviewed the facts and listened to the man's story about being laid off and having to relocate for a lower-paying job. The judge then ordered both sides to try to work out something with the help of a mediator. There's no way to predict with certainty what a judge will decide, although the odds are against debtors in a final hearing if they really owe the money and the credit card company can prove it. That usually leads to a judgment.
Legal Advice
A debtor answering a complaint should seek the advice of a consumer affairs attorney. The attorney can offer guidance on the best way to answer the lawsuit or plan a defense. Defendants who must answer the complaint in writing have the right to deny all or some of the allegations, and that forces the attorney for the debt collector to prove the case. However, an experienced defense attorney may advise other legal options, such as a motion to dismiss the lawsuit based on alleged procedural errors by the attorney for the credit card company.
Settlement
A defendant can also choose to settle the case by contacting the attorney for the debt collector directly. A legal document called a summons arrives with the complaint and lists the name and telephone number for the attorney.
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