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.
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.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.
The rules of civil procedure for the consumer's local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the affirmative defenses that need to be in the answer to the summons.
Most importantly, the rules dictate the wording of the affirmative defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer's exact wording per the local rules of civil procedure.
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. - 29866
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.
Collection attorneys know the consumer has a right to proper documentation, but frequently they cannot produce it. Most credit card agreements do not have signed contracts. Producing a complete accounting of the alleged amount owed can be a challenge as well. Debt buyers buy large batches of discharged credit card accounts from banks. Collection attorneys for debt buyers have trouble documenting the ownership of the individual accounts in the batch.
The rules of civil procedure for the consumer's local court dictate the proper service of the summons to the consumer and of the answer to the plaintiff. They also tell the consumer how much time he has to respond to the summons before going into default. Most importantly the local rules of civil procedure dictate the affirmative defenses that need to be in the answer to the summons.
Most importantly, the rules dictate the wording of the affirmative defenses the consumer uses in the answer. As a start, the consumer can find a generically worded answer in a resource like the Credit Card Debt Survival Guide. Then, the consumer needs to get the advice of a local attorney on the answer's exact wording per the local rules of civil procedure.
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. - 29866
About the Author:
Matt Highlander writes for the Credit Card Debt Survival Guide. If you are searching for credit card debt relief, read about proven strategies for settling debts and handling debt collectors as well as collection attorneys.
