A credit card summons is the notification of a lawsuit, usually delivered to your home or place of employment by a courier. You are "served" with the lawsuit when the courier gives it to you. The lawsuit itself, called a complaint, accompanies the summons. The official serving of the summons and complaint allows the case to go forward. In some states, the summons and complaint may come to you by certified mail or taken to your last known address. You have legal rights throughout the process.
Court Date
Laws vary by the state, but the summons generally instructs you to appear before a judge in civil court on a certain date. Or it may instruct you to provide a response to the lawsuit, called an "answer." The immediate scheduling of a court date presents a challenge. Illinois Legal Aid reports that you have no chance to win in court if the attorney for the credit card company proves that you defaulted on a credit card and failed to pay the balance. Also, you automatically lose the case if you fail to show for a scheduled court date.
Documentation
There's always the chance that the attorney will fail to show for the hearing or isn't properly prepared. Under either scenario, the case would end in dismissal, but Illinois Legal Aid reports you should not count on that. More likely, the attorney will arrive with complete documentation about your defaulted credit card account. This will include the original application you signed, a record of your charges, a listing of payments that you missed, and copies of correspondence notifying you of the delinquency.
Defending Your Case
You have the right to offer a defense during a court hearing. However, Illinois Legal Aid reports that the judge is sure to side with the attorney for the credit card company if he documents the case and you fail to offer a suitable defense. Possible defenses include identity theft, which allows you to argue that you never opened the account. You can also argue that you paid the debt, but the credit card company did not credit your account. Whatever the defense, you will have to prove it with documentation, such as a police report alleging identity theft or canceled checks showing you paid the bill.
The Answer
The summons may not list a court date, but could ask that you provide a written answer to the allegations. If the summons requires an answer, you must provide a written statement responding to each numbered allegation in the complaint. You are legally entitled to deny each allegation, which is the equivalent of pleading "not guilty." This forces the attorney for the credit card company to prove the case in court, and a court date will be set when you return your answer. The lawsuit will include basic instructions for returning your answer.
Settling
Illinois Legal Aid advises that you settle the lawsuit and avoid court. There is no way to escape the debt if the credit card company can prove the case. If the company wins in court, the judge will issue a judgment against you. The judgment requires you to pay the full amount owed, plus attorney's fees. If you fail to pay, the credit card company can request garnishment of your bank account or wages.
Legal Help
You can settle the case on your own by contacting the attorney for the credit card company. A name and contact number will be on the lawsuit. The Smart Money website reports that credit card companies and debt collectors will often settle for 20 to 75 percent of the balance, but with a court date looming, you won't have much leverage for a low settlement. You can hire an attorney to settle the case for you. A lawyer can also file various legal motions that can delay the trial date and give you more time to save money for a settlement.
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