How to Answer a Summons if I'm Declaring Bankruptcy

A summons is a notice of a lawsuit and is usually delivered by a courier. Summonses are very serious, because they can lead to a court judgment and even garnishment of a debtor's bank account or wages. Credit card companies and other lenders often file lawsuits in civil court to collect unpaid debts. A debtor filing for bankruptcy should answer a summons, although the bankruptcy will eventually address the debt and end the lawsuit.

Instructions

1

Protect your legal rights by treating the summons as if bankruptcy isn't an option. Failing to respond to a summons because you plan to file for bankruptcy could backfire if you do not file. Some people have a change of heart about filing for bankruptcy after learning more about the process and how it will affect their lives and credit.

2

Answer the summons according to instructions on the summons itself. How to respond depends on the laws in your state. Some states require an appearance before a judge on a certain date. Other states require a written response to allegations in the lawsuit.

3

Answer the summons by appearing in court if that is what the summons indicates you should do. Present a defense if you have one. For example, show evidence that you paid a debt that the lawsuit says you didn't pay.

4

File a written response if this is your only option. This allows you to respond to each numbered allegation in a lawsuit. Read the lawsuit, which you received with the summons. Plead the equivalent of "not guilty" to the lawsuit by indicating on paper that you disagree with the allegations in the lawsuit. You must list each allegation and write "disagree." This forces the party filing suit to prove the case in court.

5

Consult with a bankruptcy attorney for a timetable on filing for bankruptcy. Also, if you already have the attorney on retainer have her review your answer to the summons before sending the answer to the court, and to the lawyer for the party filing suit.