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 begin 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.
Courts usually recognize the consumer's demand for proper documentation. Collection attorneys cannot produce a signed contract because most credit card agreements do not have one. They also have trouble accounting for the exact amount of money they say is owed. If the collection attorney represents a debt buyer, he will also have trouble documenting the transfer of the account from the bank to the debt buyer.
The answer to the summons must comply with the rules of civil procedure for the consumer's local court where the summons was filed. These rules dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They govern how much time the consumer has to respond to the summons once it is received (frequently 20 days).
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 ask 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.
Most consumers do not answer credit card debt summonses. Knowing this, collection attorneys will send out large batches of summonses waiting for the defaults. If they get a few responses, they drop those claims to focus on the easy money.
To beat them, civil summonses for credit card debt need to be answered!
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.
A two or three page answer is enough to begin 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.
Courts usually recognize the consumer's demand for proper documentation. Collection attorneys cannot produce a signed contract because most credit card agreements do not have one. They also have trouble accounting for the exact amount of money they say is owed. If the collection attorney represents a debt buyer, he will also have trouble documenting the transfer of the account from the bank to the debt buyer.
The answer to the summons must comply with the rules of civil procedure for the consumer's local court where the summons was filed. These rules dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They govern how much time the consumer has to respond to the summons once it is received (frequently 20 days).
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 ask 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.
Most consumers do not answer credit card debt summonses. Knowing this, collection attorneys will send out large batches of summonses waiting for the defaults. If they get a few responses, they drop those claims to focus on the easy money.
To beat them, civil summonses for credit card debt need to be answered!
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.
About the Author:
Matt Highlander writes for the Credit Card Debt Survival Guide. A complete volume of strategies for credit card debt relief. Read the 230-page Credit Card Debt Survival Guide
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