You may think that it is not a big deal to respond to debt calls and bills; however, you can face severe consequences for not paying what you owe to debt collectors.
When a company or lender tries all possible ways, and you still fail to pay the debt, it can sue you or sell your debt to another company. In both ways, you need to respond and pay the debt. Else you may be forced by law to complete the payment.
Have you also been served with Summons and Complaint due to unpaid credit card debt? No doubt it is a painful experience but do not lose hope. If you think the allegations are wrong, you can challenge them.
As several debts collection lawsuits are filled with errors, you may not owe any amount alleged. And your first answer to the complaint is how you respond. Today, we will tell you how you can answer Summons for credit card debt.
When you receive the Summons and Complaint, review it thoroughly and determine which company sued you and on what basis they alleged you. Once you know the credit card company or debt collector, you need to gather all necessary documents to respond to the lawsuit.
You have three ways to respond to Summons and Complaint:
Although you have this option, never ignore the lawsuit. It can create many issues for you, such as wage garnishment, property liens, and bank account levies. As you fail to answer, the final verdict can be entered against you.
The second option is to contact the debt collector and try to settle without the need to go to court.
However, before contacting, look through your finances and create a budget. A debt collector may accept a reduced amount or allow you to pay in small series.
If you don’t reach a settlement, you must first answer the served summons. You must file within 30days after receiving the letter.
While you file the answers, you can affirm, deny, or lack knowledge of the claims.
Here is how you answer:
If the allegation is correct, you need to affirm it. You can answer by writing “admitted the allegation.”
For example, if paragraph one alleges that you live at ABC address and it’s true, you have to respond by admitting it.
If a paragraph alleges you wrongly, you can simply deny the claim by writing “Denied the allegation.” However, deny only if you are 100% sure that the allegation is wrong.
If you are unsure of some allegation in Summons and Complaint, you can answer by writing “Lack sufficient knowledge.”
If you plan to contest your debt in court, you reply to the summons complaint by admitting to the allegation but with defense.
In the case of credit card debt, the defenses will be:
- Debt is not yours
- You have already paid the debt
- Statute of limitations on debt lapsed
After filling out your answers, file the answers with the court on time. If you fail to file the answer within the given time, the court will issue a default judgment against you.
To submit your answer to a credit card debt lawsuit, follow these steps:
- Print out the answers and Sign the answers with the date
- Make two copies of the answer
- Submit one copy to the court and the other to a debt collector
- File the answer with the clerk of court
- Pay the filing fee with the court
Co-founder of AllAboutCareers, one of the top sites for graduates, students and school leavers websites. I studied at the University of Essex. This is my site I talk about finance and help with administrative processes in the USA.