| Disputing a Court Summons for Credit Card Debt |
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| Written by Matthew Highlander |
| Thursday, 08 October 2009 21:56 |
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The first important step is to actually respond to the court summons. Out of guilt, too many people mistakenly defeat themselves by ignoring a summons for credit card debt. They then lose by default and the collection attorney has his way with them.
The first important step is to actually respond to the court summons. Out of guilt, too many people mistakenly defeat themselves by ignoring a summons for credit card debt. They then lose by default and the collection attorney has his way with them. The answer to a court summons is only the beginning of the case. Two to three pages is quite sufficient. The consumer needs to use this answer to put the collection attorney on notice that he is going to have to work hard to prove his case. The key to this is making the collection attorney document the debt, according to the Credit Card Debt Survival Guide. The court will usually support the consumer's demand for documentation. Collection attorney's frequently have trouble producing original credit card agreements and statements totaling the amount claimed as owed. They are used to consumers defaulting. In addition attorneys for debt buyers have trouble documenting ownership of credit card debt from the bank that sold it to them in a large batch of accounts. Answers to summonses for credit card debt are answered differently in different state courts. The local rules of civil procedure provide the guidelines for acceptable answers. They also dictate the proper method of summons and answer service, as well as the amount of time the consumer has to answer before going into default. 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. 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. DISCLAIMER: This article is provided as information only and is not to be taken as financial advice. If you are seeking credit card debt relief, whether you can afford to settle or not, read Credit Card Debt Survival Guide. Matt Highlander writes for the Guide. |
| Last Updated on Saturday, 10 October 2009 11:09 |