How to Answer a Credit Card Summons

A credit summons occurs when creditors demand the debtor make good on credit cared debt. A creditor can take the card holder to court and demand payment thorugh a lawsuit like any other. Often, debt is bought and sold like any commodity. Once a professional collector buys a certain debt, that collector will then seek to get his investment money back through the courts. Creditors often bring these lawsuits against debtors precisely to frighten them into default or quick settlements. A debtor can fight back successfully, even without a lawyer.

Instructions

1

Read the complaint slowly and deliberately. Do not panic. Make sure the amounts are in order and make sense, and that the credit card belongs to you, not a business partner or old spouse.

2

Respond quickly. Never ignore a summons; otherwise the courts will provide the creditor with a default judgment against you, giving the collector the weapons he needs to move against you. Keep in mind that suing for debt by a second or third party requires substantial documentation and filing fees. Even a half-hearted defense can lead plaintiffs to look for more compliant defendants.

3

Demand documentation in detail. Occasionally, the creditor will not have access to all your debt records. Remember that the burden of proof is always on the creditor. The courts will usually accept the defendant's request for documentation. Often, such documentation will not be readily available or take too much trouble to collect.

4

State a proper legal defense. Do not merely claim that you cannot pay. A defense must be a legal one, not a practical one, like falling "on hard times." Declaring bankruptcy, for example, constitutes a legal, proper defense. Many groups out there specialize in giving free advice for those dealing with credit summonses.

5

Check if the collector has a proper license. Most states demand that bill collectors are licensed and accredited to perform this work. You can find this information online, at least in some states. An investor in junk debt does not have the right to sue for payment. Since most defendants do not know this, the investor will merely assume you will fold.

6

Check the statute of limitations. Most of the time, the statute is 6 years from your last payment. After this period has elapsed, no one can sue you for debt. If the statute of limitations has elapsed, make sure this becomes your primary defense.