How to Respond to a Consumer Credit Summons

If a debt collector files a lawsuit against you, you will receive a legal notice called a summons. Usually the summons and the actual lawsuit---called a complaint---are hand-delivered by courier. The courier may attempt to deliver the summons to you at your residence or workplace. In some states, court officials send the summons and complaint by certified mail. Responding correctly to the summons is essential for avoiding a default judgment. Judges issue default judgments when defendants fail to show up for a court hearing or do not follow other instructions in the summons.

Instructions

1

Consult with a consumer affairs attorney even if you feel you cannot afford to pay a lawyer. The attorney may offer a free, or discounted initial consultation. Ask as many questions as you can about responding to the summons, and hire an attorney if possible. A reputable attorney can help in many ways, including filing legal motions to delay court hearings. This could give you time to save money for an out-of-court settlement.

2

Read the summons. Debtors stressed out by excessive debt sometimes are sometimes tempted to ignore notices about their bills. However, debtors should always read legal notices from the court. The summons provides important information about responding to the lawsuit. Read the summons to determine if you must appear in court on a certain day or begin by sending a written response to the lawsuit, called an answer.

3

Check state statute of limitations on debt collections in your state. The laws determine how long debt collectors have to use the court system to force debtors to pay. However, loopholes allow debt collectors to file lawsuits even if the debt is too old for consideration by the courts. It's the debtors' responsibility to cite statute of limitation laws as a defense during a court appearance. Find out the statute of limitations for your type of debt by contacting a local office for your state attorney general.

4

End the lawsuit by settling the case out of court if the debt is current under state statute of limitation laws and you legally owe the money. Contact the attorney for the debt collector to offer to pay the bill. Find the attorney's name on the summons. A settlement is a negotiation, but the debt collector has great leverage after filing a lawsuit. Attempt to settle for as little as possible, although the attorney may insist on the full amount. The attorney may offer a payment plan if you cannot pay in a lump sum. Get any agreement in writing and also ask the lawyer to send written confirmation that he will dismiss the lawsuit.

5

Provide a written answer to the lawsuit if the summons is requesting this. An attorney can advise how you should answer the lawsuit---or the attorney can handle the entire process. If you are defending yourself one option for answering the lawsuit is to simply write that you are denying each allegation in the lawsuit. This forces the debt collector to prove the allegations in court. Read the summons for instructions on sending the answer to the court and to the attorney for the debt collector.

6

Read the allegations in the lawsuit to determine how you should defend yourself for a court date. An inability to pay the debt is not a suitable defense. Identity theft and alleged fraud by the debt collector are suitable defenses---if you have documentation. Appear in court for the court date and appearance before a judge. Expect the judge to dismiss the case or grant a judgment for the debt collector based on testimony and evidence.