A court summons for credit card debt is a serious issue and could lead to a monetary judgment and possible garnishment of bank accounts or wages. People who fail to respond to summonses automatically receive default judgments. A judge signs the legal order requiring payment of the full amount remaining on the credit card debt.
Delivery
A summons is the notification of a lawsuit and in most states is delivered by a courier. The courier delivers a paper document to the defendant, with the defendant considered "served" once being touched by the summons. Some states allow delivery by certified mail or couriers can simply leave the document at the last known address. The lawsuit becomes official once the defendant is served. Couriers will make multiple attempts to serve the summons if necessary.
The Lawsuit
The summons is usually just a few pages long and includes important directions for responding to the lawsuit. The summons may ask for a written response or indicate a date to appear in court before a judge. Attached to the lawsuit is a document called a complaint, which is the actual lawsuit. The complaint includes various allegations made by the credit card company. Usually the allegations state that the defendant opened an account on a certain date, made charges and then failed to pay as agreed despite repeated telephone calls and other contact by the card company.
Answer
A summons and complaint requesting a written response requires the defendant to follow instructions on the document for addressing the allegations in writing. The defendant must address each specific, numbered allegation in the lawsuit by stating if the allegation is true, not true or the defendant does not have enough information to answer. The defendant must file the written response, called an "answer," with the local court listed on the summons before a specific date. Then a judge will schedule a court hearing to hear the case.
Valid Defense
Illinois Legal Aid reports that credit card companies almost always win in court, as there are few successful defenses for the defendant. A defendant could argue that he was the victim of fraud and the debt is not valid, or could claim that the account was paid and the the lawsuit is a result of bookkeeping errors. The defendant must offer documentation to support the defense, such as police records indicating fraud or canceled checks showing the account was paid. Illinois Legal Aid reports that financial problems or not having money to pay the account are not suitable defenses.
Legal Advice
Some people served a summons and complaint seek legal representation from a consumer affairs attorney. The attorney cannot win the court case without a valid defense, but can advise the defendant about legal rights and file various motions to stall the proceedings. That gives the defendant time, possibly, to save enough money to settle the case out of court. Settlement allows for resolution of the issue by paying less than the full amount owed.
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