How To Respond To A Court Summons For A Credit Card

Yet acting on a summons is your best interest. More than 70% of debt collection lawsuits over the past decade have ended with a default judgment, or an automatic judgment against you when you don’t show up to court, according to a study from The Pew Charitable Trusts. The formality of legal language can be intimidating, but, ultimately, the creditor is simply asking the court to enforce the debt. Even though the court is involved, you still have rights and an arsenal of tools for responding to the lawsuit. You may even be able to work out a convenient payment arrangement.

How Does a Court Summons for Credit Card Debt Work?

Filing a lawsuit generally isn’t the first collection action from a creditor or a debt collector. If they haven’t been able to reach you, a lawsuit may be the last resort for collecting payment on the account. A lawsuit summons for credit card debt notifies you that you’re being sued for an unpaid debt. It tells you that you have the opportunity to appear in court, provides information about the case, and lets you know the steps you should take. You’ll also receive a complaint, which lists the reasons the creditor is suing you. If you’re not confident that you can respond appropriately, seek help from an experienced attorney. “An attorney understands if the plaintiff, the person who sued you, did it right and [can suggest] legal defenses you can raise,” Leslie H. Tayne, Esq., founder and managing director of Tayne Law Group, said in an email to The Balance. “It’s important to get this right from the beginning, or you can lose your case.” Responding to the summons allows you to question the validity of the lawsuit, including whether you actually owe the amount, that the creditor or collector has the right to sue you, and that the debt is within the legally enforceable time limit. Ignoring the lawsuit doesn’t make it go away. In fact, it can make things worse since you miss the opportunity to give your side of the story. The court may automatically side against you and enter a judgment for the lawsuit amount. Then, with a judgment, the creditor can ask the court for permission to levy your bank account or garnish your wages.

What To Do If You Owe the Debt

Answer the Lawsuit

Respond to the lawsuit by the date outlined in the summons, even if you don’t think you can afford to pay the debt. If you don’t respond, the court may issue a judgment against you, essentially confirming that you owe the debt. Answering the summons informs the court that you want to be kept in the loop on any proceedings, Donald Maurice, a partner with Maurice Wutscher LLP, a national financial services law firm, told The Balance.

Contact the Creditor’s Attorney

Consider contacting the creditor’s attorney to ask for a settlement as many attorneys are prepared to offer an arrangement that allows you to pay a reduced amount, sometimes over a period of time, Maurice said. When you contact the creditor’s attorney, you can also request to be sent information about the debt including the full name of the creditor, the phone and address, best address for sending correspondence, and any information about the debt they can provide. Follow up your request with a letter, saving a copy for your records.

What To Do If You’re Summoned for Credit Card Debt That Isn’t Yours

Check Your Records

Start by verifying that the debt isn’t yours. Read through the summons and complaint to identify the creditor who filed the lawsuit against you and check your records for a previous account with the creditor. Checking your credit report can help jog your memory. However, since credit reports can contain errors or may not list all accounts, you shouldn’t solely rely on your credit records to verify a debt. Review old bank statements for a payment to the credit card issuer and search your email inbox for billing statements to try to track down any account you might have had with the card issuer.

Ask for Proof

Keep in mind you can ask the creditor’s attorney to send documentation for the debt. You can call the attorney to request this information, but make sure you also send a letter. If you dispute any part of the complaint, for example, the amount or whether the debt belongs to you, let the attorney know.

Answer the Lawsuit

You must answer the lawsuit even if your answer is that you don’t owe the debt. Remember failing to answer may allow the creditor to automatically win the lawsuit against you. There are a number of defenses you can state in the answer, but not being able to pay isn’t one of them, Leslie said. A few valid legal defenses include: the statute of limitations may have expired, the amount could be incorrect, the debt may not belong to you, or you may have already paid it. Make sure you have proof to back up your reason or defenses to the lawsuit. “Any statement made should be true to the best of your knowledge … so you don’t have a credibility issue,” Tayne said.

Keep Detailed Records

Documenting everything during the process by taking detailed notes and making copies of any correspondence you’ve mailed to the court or the creditor’s attorney, Donald said. If a judgment is mistakenly entered against you, your documentation may allow you to get a judgment vacated, or voided.

Appear in Court

If the summons requires you to come to court, don’t miss your court date. Get help from an attorney if you don’t feel comfortable representing yourself. Affordability doesn’t have to keep you from seeking help. Consider reaching out to consumer advocate groups or your state bar association for attorneys who will work at a reduced fee or even pro bono, Donald said.