help my homework

How to Answer a Summons For Credit Card Debt

How To Answer A Summons For Credit Card Debt

When a stranger hands you legal papers–READ THEM as well as don’t avoid them. To avoid being served legal papers only delays the inevitable as well as can cause more harm than not bad. Even if you have NOT been properly served, you can still appear in court as well as argue This kind of point. However, keep in mind of which just about every court will allow the person who filed the law suit, a chance to correct This kind of technical error.

How To Answer A Summons For Credit Card Debt

A collections law suit for credit card debt includes a Summons as well as Complaint as well as the idea is usually important to read these documents thoroughly. You’ll only have a limited time in which to respond, generally 30 days, to the law suit, so the idea’s important to take action quickly. If you choose to do nothing, the creditor will obtain a default judgment against you as well as gain the ability to levy your bank account, garnish wages as well as lien property you may own with of which judgment.

How To Answer A Summons For Credit Card Debt

If you decide to fight the law suit, here are some VALID defenses:

How To Answer A Summons For Credit Card Debt

  • Service in not proper (check your court rules on proper service of a law suit)
  • The Statute of Limitations has run (This kind of varies by state; California features a 4-year statute of limitations on written contracts)
  • You don’t owe the debt or This kind of is usually a case of mistaken identity

If you owe the money, here are some steps you can take immediately upon receiving a summons:

How To Answer A Summons For Credit Card Debt

1. Call the law firm representing the creditor as well as negotiate a settlement of which may include a payment plan;

How To Answer A Summons For Credit Card Debt

2. If you cannot afford the repay This kind of debt as well as you have additional debts, consider of which filing bankruptcy could save you time as well as money inside the long run as well as completely eliminate This kind of debt as well as stop the law suit.

How To Answer A Summons For Credit Card Debt

If you DO NOT OWE the money, or you think the law suit is usually part of a scam to defraud you, I recommend hiring an attorney immediately. In such extreme cases, a consumer protection lawyer may take these cases on a contingency fee basis, which is usually to not charge you up front for fees where you may have additional causes of action for a counter law suit for violations of the Fair Debt Collections Practices Act, Fair Credit Reporting Act, or if you previously filed bankruptcy as well as discharged This kind of debt, then your case can be reopened to sue the creditor for trying to collect on a debt when they are no longer permitted due to your bankruptcy discharge order.

How to Answer a Summons For Credit Card Debt

Reply