Tuesday, January 8, 2013

How to Answer a Credit Card Lawsuit Summons

How to Answer a Credit Card Lawsuit Summons

A summons to appear in court is a legal document that you must answer within a specified period of time. Failure to respond to a credit card lawsuit summons forfeits your right to argue your case in court and can adversely affect your credit rating --- in some cases, for 12 to 20 years or more. Regardless of how you feel about your ability to defend yourself against the statements of complaint made against you by a creditor or the attorney representing the creditor, it is always best to answer a credit card lawsuit summons and request a final ruling from a judge.

Instructions

    1

    Read the summons carefully. Look for the name of the creditor who is suing you and the amount of time you have to respond to the summons. Typically, you have 20 days to respond to a credit card debt lawsuit before a court issues a default judgment, which grants your creditor the right to collect damages through wage garnishment and other collection practices.

    2

    Go to the courthouse listed on the summons and pick up a notice of appearance form from the county clerk. Fill out the form at the courthouse with your full name, mailing address and signature. Copies must be sent to the attorney representing your creditor, which may require a nominal fee.

    3

    Provide an answer, which is a written response to the complaint made against you, the defendant, by the plaintiff, your creditor. As the defendant, you must defend yourself against each complaint and declare an answer. You can disagree with the statements in the complaint or declare you do not know if the statements in the complaint are true or not.

    4

    File your answer, which protects your right to argue the case in court and to be notified of further proceedings related to the case. Pay the filing fees as required by your county or city.

    5

    Appear in court to argue your case. Enter supporting documents into evidence. A judge will issue a ruling in favor of you, as the defendant, or the plaintiff.

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