“Are you facing courts summons for credit card debt? Here are a few vital questions you might have in your mind.”
Do you have outstanding credit card debt and have received a court summons for this? Well, before you move onto fighting your credit card lawsuit, you must be well-aware of certain things. If you are wondering how to gain the right knowledge and information regarding fighting credit card lawsuits, there are plenty of informative resources online.
Here are some common queries you may have while defending against the collection agency lawsuits.
What is meant by a credit card debt summons?
Summons is a document issued by the court that informs the defendant about the legal action that has been taken against him, requesting him to appear in court on a stipulated date. The summons also states how much time the defendant has before answering the complaint.
What does a credit card debt complaint mean?
Along with the summons, the credit card debt complaint is also provided to the defendant that outlines the reasons behind the defendant being sued. A credit card lawsuit complaint is regarding the credit card debt which is owed. In some cases, the debt does not belong to the plaintiff originally who is now suing you.
How to answer a summons?
The most important question that you will have is how to answer a summons. When you receive the summons, you have to file a notice, informing the court that you have the intention of challenging the collection agency lawsuit. It is wise to get in touch with the courthouse that is dealing with the lawsuit in order to ensure the time you have been given to respond. Also, you must read the court instructions quite carefully.
Here are some of the basic steps that you must follow:
- Verify the time you have for answering to the summons
- Do a line by line scrutiny of the complaint given to you
- File a notice to appear with the answers of the complaint at the court’s clerical office
- If possible, file a motion to dismiss in lieu of the reply you are providing
- On that very day, you must mail off discovery documents with the help of a certified mail that will need the Plaintiff’s signature.
You can also go through the informative articles and websites available online. There are often very useful tips and sample answer to summon documents which can help you fight the case successfully.
What can happen if you don’t answer the summons?
If you don’t answer to the summons on time, there is a high chance of you losing the case by default. This automatically makes the plaintiff entitled to all the damages that have been provided in the complaint although they were not accurate.
What additional documents are required to defend oneself?
In order to defend yourself, you will require sending off discovery documents within 30 days that consists of a request for admissions, interrogatories and document request through a certified mail to the creditor and the court clerk.
These were some essential questions you can have about a collection agency lawsuit. Apart from such queries like how to answer a summons or what can happen if you don’t do so, there are plenty of other questions which might come to your mind. In such a scenario, the best advice is that you gain more knowledge and study online about the various ways to deal with such situations.
Author Bio: Duane Anderson, associated with collection agency lawsuits, writes on 5 vital questions one might have about credit card debt lawsuits like how to answer a summons. He also suggests searching online for informative articles and sample answer to summon.
