How to Respond to a Summons From a Charged-Off Debt

A summons for a credit card debt lawsuit is a notice that a lawsuit has been filed against you. It's a civil lawsuit, meaning you cannot face criminal charges or be thrown in jail. The worst that can happen if you lose the suit is garnishment of your wages and bank account. Of course that's a frightening possibility as well, and underscores why you should treat a summons very seriously. In addition to responding to the summons you must plan a defense. Not responding to the summons or offering a frivolous defense virtually guarantees that you will lose the lawsuit, according to Illinois Legal Aid.

Instructions

1

Read the summons for important information. The summons will specify a deadline -- usually 20 to 30 days -- for providing a written response to the lawsuit, which is called a complaint. The complaint is attached to the summons, which was likely hand-delivered to you at your home or place of employment. Failure to respond to the suit within the time specified could lead to a default judgment -- a complete victory for the credit card company or debt collector.

2

Prepare your written response, which is called an answer. The answer allows you to respond to numbered allegations in the lawsuit with any information you choose to provide, according to the Minnesota Judicial System.

3

File the answer with the Clerk of Court's office listed on the summons. Send a copy to the lawyer representing the credit card company or debt collector. Await a court date that will be determined when your answer is reviewed.

4

Choose a defense if you are prepared to go to trial or make an offer to settle the debt before the trial date. Possible successful defenses include identify theft or clerical error. You could argue that you never opened the credit card account and back it up by showing police reports indicating that you were the victim of fraud. You could present cancelled checks showing that you paid off the debt and that the card company did not properly credit your account. Illinois Legal Aid reports that certain defenses won't stand up in court, including joblessness, illness and financial problems. Avoid a trial if you don't have a worthy defense by calling the attorney for the credit card or debt collector and offering to pay all or part of the balance due in a settlement .Get the terms of any agreement in writing, including a stipulation that the suit will be dropped once you make payment.