How to Answer a Court Summons for a Collection Account

Finding out you're being sued for an unpaid account can bring an unwelcome shock. The best course of action is to respond to the summons as soon as possible. If you provide an answer that is clear, succinct and level-headed, you may end up winning the case -- without ever having to set foot in the courtroom. On the other hand, if you toss the summons aside, you will automatically lose the case.

Instructions

1

Locate the complaint in your summons package. You should have received paperwork explaining when your court date is, certification that you were served, instructions for answering the complaint, any evidence the creditor is submitting and a list of allegations, which constitutes the complaint. This will be the most important form, as you will use it to write your answer to the summons.

2

Answer the complaint by admitting or denying each allegation. You can either type this up or write it on a piece of paper. All that matters is that you clearly state your stance on each allegation. For example, if Allegation 1 states your name and address, you can write, "Answer to Allegation 1: Admit," if the details provided are correct. If Allegation 3 claims you obtained a credit card from Company X, and the summons has provided no evidence of the debt you hold (an account number or statements), you can write, "Deny. I have been presented with no evidence that the account I had with Company X is the same account as the debt alleged in this complaint."

3

List the affirmative defenses after responding to each individual allegation. These defenses are legal reasons why the complaint should be thrown out. Examples of defenses you can use include statute of frauds, meaning no contract exists as proof; time-barred debt, meaning the statute of limitations has expired for the debt; and failure to state the basis of the lawsuit, meaning the summons did not mention an actual state law that was violated.

4

File your answer within the deadline listed on the summons. Most courts will give you 20 to 30 days to do this, which makes it extremely important for you to follow up as soon as possible. Send a copy of your answer to the court and the lawyer listed in the complaint. Choose registered mail to ensure your answer arrives in time.