How to Answer a Summons for Breach of Contract on a Credit Card

Failing to make payments as agreed on your credit card account may result in the card company or a debt collector suing you for breach of contract. You would receive a summons, which is a legal notification of the lawsuit. Generally summonses are hand-delivered to your home or place of business. A second document, called a complaint, is attached to the summons. The complaint is the actual lawsuit and explains why you are being sued. You must respond to the lawsuit with a legal document of your own, called an "answer."

Instructions

1

Review the summons to determine how much time you have to respond--generally 20 to 30 days, depending on the state. This information will be stated clearly on the front page of the summons along with the address of the Clerk of Court. Failing to respond by the deadline could result in a default judgment being awarded against you, according to the Judicial Branch of Georgia. A default judgment gives the credit card company a complete victory and the right to seek garnishment of your bank account and wages for the full amount due, plus legal fees.

2

Write your answer. Your responses should be numbered to match the allegations in the lawsuit. Respond to each point by admitting that the allegation is true, denying that it is true, or indicating that you do not have enough information to know if the allegation is true or untrue. The exact wording you use is up to you, according to the Minnesota Judicial Branch. Sign your name at the end of your answer and also provide your address and telephone number and your case number, which is included in the summons.

3

File your answer in person with the Clerk of Court in your town. Also send a copy to the credit card company attorney, whose address will be listed in the lawsuit. Send the copy certified mail with a return receipt requested. Filing the answer protects your rights and gives you time to create a defense for a trial date that will be set. Or use the time to contact the attorney for the credit card company and work out a settlement. Illinois Legal Aid reports that you are sure to lose in court if the credit card company proves that the debt is legal and you owe it. Illness, joblessness and an inability to pay are not legal defenses, according to Illinois Legal Aid.