How to File an Answer to a Complaint for Credit Card Debt

The first inclination of people who receive a complaint over a credit card debt can be to toss it aside and hope it goes away. Doing this entitles a court to render judgment against you for the full balance of the account plus interest, late fees and any costs associated with the recovery of the debt. Typically, by the time a creditor files a lawsuit against you, responding to the complaint by filing an answer with the court is the only option you have to decrease or eliminate your debt without filing for bankruptcy.

Instructions

1

Read the summons that came with the complaint to determine how long you have to respond. Typically, you only have 20 to 30 days to file your answer. Your state laws determine how long you have.

2

Contact a lawyer if you do not feel comfortable filing the answer by yourself. The American Bar Association provides links to assist individuals looking for legal help.

3

Write your answer to the complaint. Your answer is your rebuttal to the information that the creditor provided to the court. Read the complaint and answer each allegation separately. Admit, deny or claim lack of knowledge of each allegation.

4

Include any affirmative defenses you have. If you do not state an affirmative defense in your answer, you give up your right to claim a reason that you should not have to pay the debt. Examples of affirmative defenses include incorrect serving of the summons, expired statute of limitations, identity theft and the debt collector not having the legal right to collect debts in your jurisdiction.

5

File your answer with your court clerk and pay any required filing fees. The clerk will schedule your court date. Send copies of your filing by certified mail to the complainant or its representative.