Too many, in fact most consumers do not respond to a court summons for credit card debt. Collection attorneys have become accustomed to filing a summons, winning be default and collecting money with the court’s help.
A two or three page answer is enough to start defending against a court summons for credit card debt. The answer to the summons is only the beginning of the case from the court’s perspective. The answer needs to make the collection attorney properly document the alleged debt, according to the Credit Card Debt Survival Guide.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have distress documenting the ownership of the individual accounts in the batch.
The rules of civil procedure for the consumer‘s local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the affirmative defenses that need to be in the answer to the summons.
Legal defenses that pertain to defending against a credit card debt should be worded carefully so that they comply with the local rules of civil procedure. As a start a resource like the Credit Card Debt Survival Guide will give the consumer a generically worded answer. Then, the consumer can question a local attorney to comment on the wording of their answer for a small fee, if the consumer cannot afford to pay him to do more.
In some parts of the country, collection attorneys are known to send out summonses for credit card debt in large quantities. They know by experience that most consumers will not respond with an answer. If they get a few responses, they will withdraw those claims and focus on the non-responders going into default.
For the few that answer them, civil summonses for credit card debt can be defeated.
This content is not intended as a substitute for legal advice. If you need an attorney in your local area, please contact a licensed attorney in your state.