How Do I Answer a Lawsuit for Credit Card Debt Collection?

Credit card companies typically employ a variety of strategies to compel customers to make past-due payments. Most credit card companies have in-house collections divisions that make telephone calls and send letters in an attempt to cure minor delinquencies, usually between 30 to 90 days past due. If a customer falls farther behind on payments, a credit card company commonly transfers collection duties to an outside collection agency, which pursues recovery and earns a percentage of collected past-due funds. If you still fail to repay past-due payments, the credit card company or collection agency may decide to file a lawsuit.

Instructions

1

Accept the summons sent by the court in your county or state. Some states allow courts to issue summons by certified mail, while others require delivery in person. In either case, you will have to sign an acknowledgement of receipt.

2

Take note of the date by which you must respond to the summons. Each state places different regarding the length of time you have to answer a summons for a civil suit. For example, New York provides 20 days if you received a summons directly from a process server, and 30 days if you received the summons by mail or any other method. Ohio provides 28 days, regardless of the delivery method.

3

Review the summons, along with any attached information, for accuracy. A credit card company or collection agency typically provides printouts of your account to the court as evidence of your debt, and the court includes copies of these printouts with the summons. Take note of any inaccuracies in the summons or supporting documentation.

4

Explain any defenses in your response letter in a succinct, objective manner. You may object to the suit if you have already paid the debt, the summons was served incorrectly or the age of the debt is greater than your state's statute of limitations for civil suits. You may also object if a bankruptcy court has discharged the debt, or if the credit card company or collection agency seeks an amount greater than you owe plus court costs and allowable interest.

5

Attach copies of any documentation that supports your objection. Documentation may include bankruptcy discharge papers, bank statements showing your payment to the credit card company or credit card statements showing the age of the debt.

6

Mail a copy of your response letter to the attorney who filed the lawsuit before the date noted on your summons. Send the copy via certified mail so you will receive signature confirmation that your response was received by the due date. Alternatively, you can deliver the response in person.

7

Compose an Affidavit of Service stating the date you mailed or delivered your response to the plaintiff's attorney, and detailing the method used to serve the response. Have a notary public notarize the affidavit. If possible, have the affidavit notarized the same day you mail or deliver your response to the attorney.

8

Mail a copy of your response, supporting documentation and the Affidavit of Service to the court via certified mail, or hand-deliver these documents to the court before the due date.