Answering A Summons? 4 Mistakes You Should Avoid

Being served with a lawsuit is most definitely troublesome. We understand the overwhelming feeling that debtors face in this situation. And so, time and again, we’ve emphasized the significance of responding to a summons and complaint. At best, answering this summons could be a breakthrough in your case, shifting the balance in your favor. At worse, you may have dug your debtors’ pit a lot deeper. It’s all in the way you answer the summons. This is why we highlight these 4 crucial mistakes that you could be making, ones that may be easily avoidable.


Mistake 1 – Ignoring the Summons

There are many reasons for people to simply not respond to summons. For one, they’re probably intimidated by the jargons. Secondly, they fail to understand the repercussions of the delay. By avoiding a confrontation with that document, your problems are not simply going to go away. In fact, you’re perhaps missing out on the single most crucial way to actually eliminate it from progressing. You have about 20-30 days to answer the summons and respond to the complaints. After that, the court will be offering its verdict in the favor of the plaintiff.


Mistake 2 – Not Examining the Summons Closely

There are multiple reasons why you should scrutinize your summons. When you’re being sued, your creditors are counting on you to not thoroughly review the contents of the document, and not notice the loose ends. For one they may not be your original debtor, so they may have to prove that they have the right to collect from you in the first place. If they do not, they lose jurisdictional rights to sue you.

Secondly, the transactions may be overstated and ballooned substantially. Call it inaccuracies or falsification; you need to challenge it in court.


Mistake 3 – Contacting the Credit Card Company Regarding the Contents of the Summons

Be it the collection agency or the credit card company, never – and we reiterate – never contact the company directly. You are now in the temporary relationship of a plaintiff and defendant. Contacting them is detrimental to your defense. If you have any question regarding the case, contact the court clerk. They should be able to provide you with the pertinent information on the case. To learn about how to answer a summons for credit card debt, browse through our website. It offers you with all the details, including an answer to summons template.


Mistake 4 – Making Unnecessary Admissions

While it is imperative that you respond to the summons, be wary about not making unnecessary admissions about owing the money. Generally, you may respond to the allegations with a/an “Affirm”, “Deny”, “Insufficient information to either agree or deny”. However, even if you do own a certain amount of the sum, you are entitled to deny it, and have the plaintiff provide proof in court. Let them work for it. Chances are they don’t have enough proof, anyway. Refrain from using statements like “I can’t afford the debt”. That’s admitting you owe it.

Learn more about credit card debts, strategies for defense and much more with our e-book, The Defendant’s Package.