In many instances, individuals are served with a credit card summons even though they are not legally responsible for the alleged debt. This is where it is again important to have your documents handy to look through the information you have. All Rights Reserved. Your answer should be typed and printed. It may be worth hiring the services of a lawyer just to understand your rights in your state. In most cases of legal matters, it’s always recommended that you hire a state-licensed attorney. In many cases, you'll have 20 to 30 days to respond to your summons… The statute of limitations in NC is 3 years for credit card debts (if this debt was created in NC). Once a debt collection lawsuit has begun, you must avoid paying on the debt in any manner as this will start the statute over again. There are NO fees for jury demand, answer, counterclaims, etc. In a credit card case, the card company or debt collector files the suit in civil court to collect on a delinquent account. Once a debt passes the statute of limitations, collectors cannot sue you to pay that debt. If you agree that you are the cardholder but deny or lack the knowledge to confirm the amount, you can answer: Defendant affirms they are the cardholder but lacks the knowledge to confirm the other allegations within the paragraph and therefore denies them. Send one stamped response via certified mail to the attorney of the creditors. You should also assess your current financial statements to understand your budget and what the lawsuit or a settlement may cost you. You can also admit a claim is true, but state there is another reason you should not be responsible for the debt; this is called “admission with defense.” When writing your answer, make sure to refer to yourself as the defendant throughout. Usually, in credit card debt cases, things are pretty straight forward- you owe the money, you cannot make the payments, they take you to court to get a judgement. At this point it is best to not freak out and understand that it’s time to face your debt. Read this only if you live in the state of Washington. If you can't find information about the debt on your credit report, it's possible that the debt collector has identified the wrong party. Visitors to Credit.com are also able to register for a free Credit.com account, which gives them access to a tool called The Credit Report Card. Read Our Free Guide to Answering a Debt Collection Lawsuit. There are a few Answer forms available for Ohio debt collection lawsuits. Ask the Court Clerk if the court has an Answer form for you to use or you can make your own. Is the debt past the 10-year statute of limitations on collections? Your credit report also may show the last time you made a payment for the debt. This is a civil summons. You should only deny an allegation if you are 100% sure it is not true. If you are unavailable, a confirmation text will be sent, so connecting at your convenience is quick and easy. When you’ve been served with a lawsuit for your debt, there are three things you can do: While it is an option, DO NOT IGNORE THE LAWSUIT! You have important legal rights. However, I simply can't pay right now. When did the original debt get charged off? We ask a few simple questions about your case. Then write out a detailed response and deliver it to the clerk of court. You must answer each complaint in writing and submit your answer before the date listed on the complaint. However, often the reason you receive a civil debt summons is because you couldn’t afford to pay. SoloSuit helps you respond to a debt lawsuit. For instance, if they allege that you have a credit card with Bed, Bath and Beyond, you may respond: Defendant denies having a credit card with Bed, Bath and Beyond. In your reply to the summons complaint, you admit to the allegation, but with a defense. Plantation, FL 33313. Have an amount you are willing to pay ready when you call and work from there with the creditor. So, make sure to check your summons for the exact timing that your state requires. A credit card summons is a type of legal summons in a civil case. Jul 15, 2019 - Debt.com provides expert guidance on how to answer a civil summons for credit card debt, including advice on how to reach a settlement outside … Is it a credit card company, a company that purchased the debt, or another creditor you are in arrears to? If trying to reach a settlement doesn’t work or you decide you just want to let the courts handle it, you’ll need to answer the summons complaint. So, look on the summons to see when you need to file a response. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS – charges may apply), or dialed manually, at my residential or cellular number, even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list; and (2)Lexington Law’s Privacy Policyprivacy policy link and Terms of UseTerms of use link and Debt.com’s Terms of UseTerms of Use and Privacy Policy. When it comes to debt collection or credit card debt, these defenses would be: In these cases, you admit or affirm the paragraphs and include your defense within you answer to the summons complaint. Go to court While it is an option, DO NOT IGNORE THE DEMAND! If you know the answer is true, you need to answer factually in your response. At this stage you likely have two documents, the Complaint and Summons: ... you can raise these types of defenses in civil cases. If you know that the debt is valid, check your statements to see when the last time you paid anything to the creditor. This company can also sue you in order to force repayment. There are also law organizations that offer pro-bono law assistance for low-income individuals. Civil summons can happen when you default on an unsecured loan or fail to pay a credit card and it gets moved to charge off status. If the debt went into default on or before 7/12/2009 then it is now barred. The good news is that many state-run government websites offer legal help and advice for these situations. Even if your debt is valid, within SOL and you want to settle, YOU STILL NEED TO RESPOND TO THE SUMMONS WITH AN ANSWER within the time-frame granted (from the date of service) which is usually 20 to 30 days. Responding to a lawsuit is the first step in defending yourself. Did we provide the information you needed? You may be able to set up a repayment plan and pay the settlement over time. Debt … When a company has exhausted its resources trying to get you to pay a debt, it will either try to sue you for the debt or sell the debt to another company. There are three ways to answer each complaint: If there is an allegation in the complaint that is true, you can simply write “admitted” or write a sentence of admission. If the debt still belongs to the original creditor, expect to pay more in the settlement. Once the debt collector has started the proceedings, they will file a complaint with the court and you will be served with a summons. First, verify that the debt is actually yours to repay. You would find out if it’s a requirement by checking the local court rules of trial procedure. If you got a summons that says at the top the words: “CONSUMER CREDIT TRANSACTION,” read Common Defenses in a Consumer Debt Case for a list of possible defenses. Once you know this, you can start collecting any information and documents you have on the debt, including if this debt is actually yours and how long you’ve owed the money. Key Takeaways. They will usually get the judgement. This tool provides users with two free credit scores and a breakdown of the information in their Experian credit report, updated twice monthly. Introduction Use this if you have been served with a lawsuit in a debt collection case and want to keep a court from entering a default judgment against you. While you are there, have them “file stamp” your other copies so that when you send one to the lawyers, they know you filed it. That’s the only way we can improve. We Are the Largest Provider of Civil Answer Forms in the United States, Since 1995. You really want a state-licensed attorney to help you. $402.00 filing fee in cash, money order, credit card or check payable to the CLERK, U.S. DISTRICT COURT for each case (whether complaint or notice of removal.) This will help ensure you get a satisfactory result and avoid court! Collectors often target the wrong person, so the first step is to make sure you actually owe the money by sending a debt validation letter. To familiarize yourself with the login area and the legal documents I have created a QUICK START VIDEO.This way you can rest assured you won’t drown in paperwork but have the necessary tools to ACT IMMEDIATELY to answer your summons.. SoloSuit. While it can be easy to throw away bills and ignore calls from debt collectors, there are consequences for not paying what you owe. Ignoring the summons and not answering the lawsuit is one of the most surefire ways to ensure that you will lose your case. Know that you will likely have to pay a fee to file. If you fail to answer by ignoring the response, a verdict can be entered against you. If the debt is with a collector, you may be able to get out for less. A judgment is the actual court decision stating that the person suing is in the right. Texas Deadline for Answering a Debt Collection Summons. Get basic instructions on how to answer a civil summons for credit card debt. You can always unsubscribe at any time. You will need to go down to the courthouse to submit your original answer to the clerk of the court. Be aware you will likely need to pay a fee to file. Below, you'll find helpful topics on how to answer a summons for debt collection in the Lone Star State. For example, if the summons complaint, paragraph one alleges you live at 123 ABC Lane and you do in fact live there, you need to respond within your answer of paragraph one that you admit or confirm you live at that address. Consent is not required as a condition to utilize Debt.com services and you are under no obligation to purchase anything. Always consult a lawyer for legal advice related to your specific situation. So, here’s the review on how to answer a summons for debt collection in California. Step 4: How To Answer a Summons for Credit Card Debt Once, you learned more about the nature of the lawsuit filed against you, start drafting your formal answer to the summons and complaint. Generally, you have 20 days plus until the following Monday, at 10 am to file an Answer. In fact, the judgment will definitely not be in your favor if you are a no-show. When you borrow money, you are legally required to repay the debt. https://www.debt.com/how-to/answer-a-civil-summons-for-credit-card-debt/. Cases in state civil courts, where most debt cases are heard, grew by 11 percent over the decade that ended in 2010, according to the National Center for State Courts. Served with a Civil Summons or Complaint? Pull your credit report to verify the debt for which you're being sued, and note the information about the debt on your report. How to Answer a Civil Summons for Credit Card Debt. Debt.com recommends that you should always consult a licensed attorney if you have legal questions or face legal action. If the debt is still with the original creditor, then a settlement will usually require a higher percentage of what you owe. Debt.com strives to provide our users with helpful information while remaining unbiased and truthful. At the time this is the only company filing suit. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. Looking at your budget, can help you determine your stance during the negotiation. When you get a court summons for credit card debt, pay attention to it-and make a plan of action. Your goal is usually to settle the debt for the least amount of money possible. While you’re there, have the clerk of the court “file stamp” the other copy so when you send it to the lawyer they will know it’s been filed. A credit card summons is the result of a person falling into credit card debt. You can also submit an admission with defense. If you think ignoring a creditor’s calls about an unpaid credit card debt will make the calls stop, you may eventually be right. When was the last time you paid this creditor? Fill out the “Notice of Intention to Defend” section of the summons, this section is on the bottom third section of the document. We Have Answer Forms For Responding to Debt Collection, Foreclosure, Divorce, and Breach of Contract Complaints For All 50 States. In NC how do I answer a civil summons asking for written answer and filing at clerk of court about a credit card debt that I cannot pay. For example, in the case Wells Fargo Bank, N.A., v. Blackburn, 2011 Tex. We take your privacy seriously and you may receive electronic communications, including periodic emails with important news, financial tips, tools and more. That you are providing express "written" consent for Debt.com or appropriate service provider(s)service provider link to call you (autodialing, text and pre-recorded messaging for convenience) via telephone, mobile device (including SMS and MMS - charges may apply depending on your carrier, not by us), even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list. Keep one for your records, and mail the other stamped response via certified mail to the attorneys hired by the creditor. Answering a Civil Summons for Credit Card Debt, How to Recognize a Credit Card Debt Problem, Filing FTC Complaints for Debt Collection. App. 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. For example, if you are merely an authorized user of the credit card account, you cannot be held legally responsible, and a Texas court will typically dismiss the lawsuit. You can avoid the hassle of filing an answer formally with the court. You can always unsubscribe at any time. Debt Collection firms routinely violate federal and state laws that are designed to protect consumers. Home » Get out of Debt » Answering a Civil Summons for Credit Card Debt. Becoming Familiar with Legal Terms. If you’re not sure, you should reply that you have a lack of knowledge to reply. In 2010, general purpose courts in 17 states saw 1.7 million new cases filed over contract disputes, most of which involve debt. This way, you can either confirm or deny the allegations entered against you, based on the information you have. Examples of Answering Summons/Complaint Credit Card Debt Lawsuit It is very important that you answer the plaintiff’s complaint within the amount of time that is given by the court, or the plaintiff will receive a default judgment against you. Going through legal issues without a lawyer can be tough to navigate. We look forward to assisting you! Not admitting something that is known to be true can lead to larger legal issues once the case has begun. An admission with defense is important if you plan on fighting your debt in court. Copyright © 2021 My Financial Resource Center. Once a summons has been received, it should never be ignored no matter how daunting the task of dealing with the credit card lawsuit may be. Willy has a credit card debt, and the last time he made a payment towards the debt was eight years ago. I talked to a lawyer re: bankruptcy and am in process of gathering the info they require and have not met with them yet. This written instrument would be the contract. This means that the last time you used a credit card or drew funds from a loan account will start the statute of limitations over again. Privacy Policy, This website is intended for informational purposes and as a reference tool to match consumers with companies that may be able to assist them.View our Advertising Disclosures here, 5769 W. Sunrise Blvd. Assert your any and all of your affirmative defenses. How Do I Answer a Lawsuit for Debt Collection? Published by Debt.com, LLC. So, is the contract attached? In general, an Answer can be used to ask for genetic testing or a chance to go to court about the amount of child support. If you aren’t sure, you should instead reply that you lack the knowledge to admit or deny this claim (see below). Guides for … See a sample Answer Form for Consumer Credit Transaction. Upon receiving a credit card summons in the mail there are a few things you must ask yourself. How do I answer a summons for a credit card debt that I don't dispute and in fact want to pay back. If the debt has been sold to a collector, they may take a lesser amount, since they purchased the debt at a discount. In this article, our Waco, Texas bankruptcy attorneys explain how to answer a lawsuit for debt collection in Texas. If you settle the debt out of court, the creditors and their lawyers can withdraw the case. Try to talk to or hire a lawyer before answering a lawsuit. We’ve received your request and have matched you with a Trusted Provider that specializes in . Sometimes creditors will accept a reduced amount of what you owe, usually in a lump-sum; some may be willing to accept a small series of payments. Try to pay off the debt 3. Out-of-court settlement is usually the best option. Allegation 3 – Defendant obtained credit card from XYZ Company Answering The Summons & Complaint The document that will compose your response is called the “answer”. You should use this option  if you believe that the claims against you are for a debt that is not yours. If you don’t affirm something that you know to be true, it can lead to legal complications you don’t need.

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