how do i answer a summons for credit card debt if i don't have a lawyer?

Make two copies of the Answer; one will be submitted to the Court while the other should be sent to the attorney of the person suing you File your Answer with the Clerk of the Court. Be prepared to pay a filing fee with the Court.

Full Answer

How to respond to a court summons for credit card debt?

Credit Card Debt: Guide to Responding to Court Summons 1 Review the Complaint and The Summon. 2 Calculate the Deadline for Filing A Response. The court deadline depends on whether you have been officially served... 3 Draft A Response to The Complaint. Typically, the pleading form contains a list of allegations the creditor has made... More ...

Do I need a lawyer for credit card debt?

Debt.com recommends that you should always consult a licensed attorney if you have legal questions or face legal action. Being in serious credit card debt can be scary. While it can be easy to throw away bills and ignore calls from debt collectors, there are consequences for not paying what you owe.

What happens when you are served summons for debt?

The debt is basically considered a loss by the original lender or creditor. When you are served summons for a debt, someone will usually come to your house or work, ask you for your name, and present you with a civil summons. At this point it is best to not freak out and understand that it’s time to face your debt.

How long do I have to respond to a debt collection summons?

The debt collection summons will typically say that you must file a response within 30 days.

How do I respond to a credit card lawsuit?

The 3 Steps to respond to a debt lawsuitRespond to every paragraph in the Complaint. The Complaint includes several numbered paragraphs that lay out the lawsuit against you. ... Assert your Affirmative Defenses. ... File the Answer with the court and the plaintiff.

How do you write a letter to answer a summons?

Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.

How do I respond to a debt collection letter?

I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.

How do I respond to a credit card summons?

The best tips for drafting an Answer to your debt lawsuitThe Answer isn't the place to tell your side of the story in depth.Deny, deny, deny.Include your affirmative defenses.Use standard formatting or “style”Include the Certificate of Service.Sign the Answer.

How do you respond to a lawsuit without a lawyer?

Writing Your Response For each point that you admit or deny, include a brief reason why. An example would be if the plaintiff alleged you never paid back a loan you've already repaid. You can include any affirmative defense at the end of these responses, such as the statute of limitations nullifying the complaint.

What should you not say to a debt collector?

3 Things You Should NEVER Say To A Debt CollectorAdditional Phone Numbers (other than what they already have)Email Addresses.Mailing Address (unless you intend on coming to a payment agreement)Employer or Past Employers.Family Information (ex. ... Bank Account Information.Credit Card Number.Social Security Number.

Should I respond to a debt collector?

If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.

What do you say when you call a collection agency?

You only need to say a few things:“This is not a good time. Please call back at 6:00.”“I don't believe I owe this debt. Can you send information on it?”“I prefer to pay the original creditor. ... “My employer does not allow me to take these calls at work.”

How to win a credit card lawsuit?

To win a credit card lawsuit, you first need to respond to the summons. That may mean filing an answer or appearing in court, depending on your state. If you're disputing the lawsuit, you should have a valid reason or defense against the lawsuit and proof that supports your reason.

How to get information from a creditor's attorney?

When you contact the creditor's attorney, you can also request to be sent information about the debt including the full name of the creditor, the phone and address, best address for sending correspondence, and any information about the debt they can provide . Follow up your request with a letter, saving a copy for your records.

What happens if you don't respond to a summons?

If you don't respond, the court may issue a judgment against you, essentially confirming that you owe the debt. Answering the summons informs the court that you want to be kept in the loop on any proceedings, Donald Maurice, a partner with Maurice Wutscher LLP, a national financial services law firm, told The Balance.

What is a court summons?

A court summons typically requires you to file an answer, either accepting or denying the creditor's claims. Your summons will include information about whether you need to answer in writing or show up in court. Responding to the summons is critical, regardless of whether you believe you owe. 2

How to dispute a debt with a creditor?

Keep in mind you can ask the creditor's attorney to send documentation for the debt. You can call the attorney to request this information, but make sure you also send a letter. If you dispute any part of the complaint, for example, the amount or whether the debt belongs to you, let the attorney know.

What to do if you are not confident in responding to a lawsuit?

If you're not confident that you can respond appropriately, seek help from an experienced attorney. "An attorney understands if the plaintiff, the person who sued you, did it right and [can suggest] legal defenses you can raise,” Leslie H. Tayne, Esq., founder and managing director of Tayne Law Group, said in an email to The Balance. “It's important to get this right from the beginning, or you can lose your case."

How to find the form for a summons?

You can call the clerk of the court listed on the summons to find the right form to use. Court clerks can tell you where to find the forms, but they can't give you advice or guidance for wording your answers.

1. Review the Complaint and The Summon

You should review the summon and look out for important details including: • if it is the original creditor who has filed the complaint • if the suit has been filed by a third party with a legal claim to the debt • the court deadline for a response • if the original contract signed with the creditor is attached to the complaint

2. Calculate the Deadline for Filing A Response

The court deadline depends on whether you have been officially served or not. If you have been served with an official Citation and Petition: • The deadline is 20 days, including weekends and public holidays.

3. Draft A Response to The Complaint

Typically, the pleading form contains a list of allegations the creditor has made against you. The court requires you to respond to every allegation to safeguard your rights. If you fail to respond to any of the allegations, the court will assume that you admit responsibility.

5. Mail Copies to The Plaintiff

You should send copies of all the documents filed with the court to the plaintiff and keep copies for record. Make sure that the documents sent to the plaintiff are: • sent through certified mail • include a certificate of service

What happens if you don't respond to a debt summons?

When a person receives a debt summons and doesn’t file a response or attend the hearing, they play right into the hands of the debt collector. If a person does not respond to the complaint within the time allotted or show up in court on the appointed day, it’s almost a given that the court will rule in favor of the debt collection agency.

Can't pay a summons for debt collection?

When you can’t pay a debt, creditors will send notices and may charge interest and late fees.

How to enforce a judgment on a debt collection agency?

Here are some of the ways a debt collection agency can enforce a judgment. Request the sheriff to serve wage garnishment notification on your employer, so your employer must withhold a designated amount for the creditor every pay period. File a lien on your real estate, which ...

What happens if you answer a complaint and show up in court?

If you answer the complaint and show up in court, there is a chance the debt collection agency will lose, or that they will only get a judgment for part of the amount asked. If you go to court, your lawyer may even be able to show that the collection agency acted illegally and owes you money damages. However, once a collection agency gets ...

Why do people ignore debt summons?

When most people receive a summons to appear in court because of a debt, they ignore it because the problem may seem insurmountable. They may hope that the debt collector will give up and go away. Nothing could be further than the truth. When a person receives a debt summons and doesn’t file a response or attend the hearing, they play right into the hands of the debt collector.

How much debt do private collection agencies hold?

The average consumer debt that private collection agencies hold is $1,300

What happens if you don't pay your debt?

When you can’t pay a debt, creditors will send notices and may charge interest and late fees. If you still don’t pay, you may receive phone calls and email from the company as well as more letters. Eventually, usually somewhere between three to six months of nonpayment, the company may sell your debt to a debt collection agency which is likely ...

What is the Defendant's position in paragraph 1 of the complaint?

Defendant denies the allegations contained in paragraph 1 of the complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

What happens if a judge fails to rule on a motion in Indiana?

If the judge has failed to rule on your motion within a certain amount of time you can consider that motion denied read the Indiana Rules you’ll see how much time rulings on motion take. You will receive a copy in the mail of his ruling or they will set it for a hearing.

Can you file a motion in lieu of answer?

Therefore, you always need to check your local court rules. They may require you to still file an answer, or they may not even allow motions in lieu of answers. Remember to check and then double check!

Is each number on a complaint considered a count against you?

The defendant is indebted to plaintiff. Each number on the complaint is considered a count against you. I answered the complaint by looking at each count and stating my defense. You are basically picking at the complaint and you need to defend yourself.

Does the defendant deny the allegations in paragraph 2?

Defendant denies the allegations contained in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant .

What is the most important part of a credit card summons?

One of the most important parts of answering a credit card summons is the discovery phase, which includes the interrogatories. Answering the interrogatories can be the turning point in your credit card lawsuit. When the time comes to answer the interrogatories sent by the opposing party, you will receive a list of questions asking ...

How many copies of a summons should be returned?

It’s good to retain records of every single document involved with your credit card lawsuit. There should be three copies of each document when answering a summons: one for the plaintiff (creditor), one for yourself (the defendant), and one for the court.

What should a defendant include in his list of interrogatories?

Once the defendant is ready to list interrogatories, he should include all of the instructions and definitions which pertain to the interrogatories first so the creditor understands exactly what the defendant means in each question. This portion of discovery can be a little tricky because it must be done correctly.

What is an interrogatory in a credit card case?

Interrogatory is a form of discovery, and are there to assist both parties in the credit card lawsuit.

What to say when you don't know the answer to a question?

If you genuinely don’t know the answer to a question, you can respond with something like “Unknown at this time. Defendant reserves the right to amend his/her answers to this interrogatory as discovery continues”.

How many copies of documents should be kept for a credit card lawsuit?

It’s good to retain records of every single document involved with your credit card lawsuit. There should be three copies of each document when answering a summons: one for the plaintiff (creditor), one for yourself (the defendant), and one for the court. Once the defendant is ready to list interrogatories, he should include all ...

What questions do you ask in an interrogatory?

They could include questions asking about your name, address, bank, SSN, employment status, living arrangement, monthly expenses and more. As the defendant you can respond to each interrogatory in one of three ways: provide a plain answer, object to the questions giving grounds as to why you object, or object to part of the question and respond to the other part.