How to Answer a Credit Card Summons for Delaware

If you've fallen behind on your credit card payments and are facing numerous letters or phone calls from your credit card company, getting a summons in the mail notifying you that you've been sued simply adds to the stress. Now is not the time to stick your head in the sand and hope the problem goes away: A credit card lawsuit in Delaware is serious, and you need to respond properly. Consult with a Delaware attorney if you need legal advice about responding to a lawsuit or require any assistance.

Instructions

1

Read the summons carefully. A summons notifies you that your credit card company, called the plaintiff, has filed a lawsuit against you. The summons includes key information, such as the name of the plaintiff, the Delaware court -- known as a court of common pleas -- in which the plaintiff filed the lawsuit and the address of the plaintiff or the plaintiff's attorney.

2

Pay attention to the date. A Delaware summons also includes a specific date upon which the summon was filed and a notice to you about how long you have to file your response. Typically, Delaware civil summons require you to file your answer within 20 days. Mark the original filing date on your calendar, along with the response deadline.

3

Read the complaint. The complaint is the actual lawsuit; a copy of it accompanies the summons. Pay attention to the allegations the plaintiff makes, key dates, amounts and the portion of the complaint in which the plaintiff asks the court to award damages.

4

Prepare your answer. Your answer is the written response you make to the plaintiff's claims. If you have a legal defense, dispute to the complaint or counterclaim against the plaintiff, file it with the Delaware court of common pleas in which the plaintiff filed the complaint and serve a copy of your response within the time limit.

5

Go to court on the date specified in the summons. This court date is typically what's known as a pretrial conference, according to the Delaware Courts website. If you don't go to court, the plaintiff may win a default judgment, essentially winning the case regardless of whether you think it's valid.