How to Answer a Credit Card Suit

If you receive notice that you are being sued for unpaid credit card debt, answering the lawsuit will preserve your rights under the law. If you do not respond, the court could grant the credit card company or bill collector a judgment for the full amount. That could lead to garnishment of your bank account or wages. "The New York Times" reported in 2009 that credit card companies were increasingly turning to lawsuits to collect debts, and that many people failed to even show up for their court date or to respond to the initial notice of a suit.

Instructions

1

Read the summons you received and the attached complaint. A summons is a legal document informing you that a lawsuit has been filed against you. The complaint is the actual lawsuit, and explains why you are being sued. A summons can be hand-delivered or sent by certified mail, depending on your state. In some states, a summons requires you to appear in court by a certain date. In other states, a summons requires you to file a written answer to the lawsuit by a certain date.

2

Gather documents needed for your defense. Financial problems and joblessness are not legal defenses, according to Illinois Legal Aid. One example of a legal defense is identity theft--the debt is not yours and is the result of fraud. Gather police statements and any other documents needed to prove your case.

3

Appear in court at the time and date specified in the summons. Tell your story to the judge. If no court date has been set, file a written response to the summons by the date specified in the summons. The response is called an "Answer" and must be filed in person at the court, with a copy mailed to the company filing the suit. The answer must include short, numbered statements addressing each allegation in the complaint. You can deny that the allegation is true, admit that it is true or indicate that you do not have enough information to admit or deny it. The answer should be typed on 8-1/2" x 11" paper, according to Community Legal Services of Mid-Florida (see Resources). A court hearing will be set after your answer is filed with the court.