How to Fight a Credit Card Civil Suit Summons

If you've received a civil summons because you're being sued over nonpayment of a credit card debt, don't ignore the summons. Although you'll need to consult your own attorney on your personal situation, knowing how you'd like to proceed in advance can save you time and money with your attorney. Ideally, you'll be able to reach a settlement with the lender on your own; if not, the federal government provides you with rights as a borrower, and knowing those rights will help guide you through the legal process.

Instructions

1

Request a debt validation letter in writing via certified mail from the lender or debt collector. The Fair Debt Collection Practices Act puts the onus on the lender to prove the debt, and the act states that collection activities -- including lawsuits -- must cease while the lender produces the proof. The validation must include the name of the original lender and the balance. It may also contain instructions on what to do if the debt isn't yours.

2

File a sworn denial with the court if you don't owe all or part of the debt. Be careful -- if you owe the debt, you can't deny it. However, it may be that the collector or lender is suing you for the wrong amount. The sworn denial should be typed, signed, notarized and filed with the clerk of the court. Send a copy to the collector's attorney. Attorney Andy Nelms says that a good sworn denial states: "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount."

3

File a written Request for Production of Documents. This step forces the creditor to produce a copy of the borrower agreement. If the debt is old, there's a fair chance that the creditor won't be able to produce it. If you're being sued in small claims court, you won't be able to file this request; ask for it at trial instead.

4

Attend the hearing and show up for the trial. As Nelms states, it can't get any worse. While you may wish to represent yourself, if the case proceeds to trial it's best to consult an attorney. Consider also that each state has its own statute of limitations on debt collection. If the deadline to collect the debt has passed, the court must dismiss the lawsuit against you.