Archive for the ‘Answer Summons’ Category

No Original Contract in Summons For Credit Card Lawsuit

Well done for taking notice of the fact that the plaintiff did not attach the original contract to the Summons/Complaint.

Now you are off to a good start. Google your state’s rules of trial procedure.

Look under ‘written instruments’ or ‘pleading special matters’ and look again for either ‘written instruments’ or ‘pleading and proof of written instruments’. This is hard because everyone lives in different states and I have no clue what your state has this under, so look hard and see what your court requires to be attached to the complaint in order to sue.

In Indiana I would find this under ‘Indiana Trial Rule 9.2′ which states:

(A)When instrument or copy, or an Affidavit of Debt must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record. When any pleading allowed by these rules is founded on an account, an Affidavit of Debt, in a form substantially similar to that which is provided in Appendix A-2 to these rules, shall be attached.

So I would know that in order to sue me for a credit card contract they were supposed to attach the original or copy of the contract they are suing me for.

If they did not, in Indiana, I can file a Motion to Dismiss in lieu of an answer. How do I know this? I read my Indiana Trial Rule 6 which states:

(C) Service of pleadings and Rule 12 motions. A responsive pleading required under these rules, shall be served within twenty [20] days after service of the prior pleading. Unless the court specifies otherwise, a reply shall be served within twenty [20] days after entry of an order requiring it. The service of a motion permitted under Rule 12 alters the time for service of responsive pleadings as follows, unless a different time is fixed by the court:

(1) if the court does not grant the motion, the responsive pleading shall be served in ten [10] days after notice of the court’s action;

(2)if the court grants the motion and the corrective action is allowed to be taken, it shall be taken within ten [10] days, and the responsive pleading shall be served within ten [10] days thereafter.

So check your court rules to see if you can as well. Instead of answering the Summons in Indiana I would write up a Motion to Dismiss for failure to comply with Trial Rule 9.2.

Now check and see if the plaintiff broke one of the trial rules and see if you can file a Motion to Dismiss in lieu of an answer. Write up your Motion to Dismiss if it is allowed by your court.

It should get granted without prejudice. It would not get dismissed with prejudice at this time because the Plaintiff is allowed to amend their complaint to comply. This means that it wouldn’t be fair to dismiss a case with prejudice without allowing the other party a chance to fix their error.

The court grants the Motion, the plaintiff must then file a Motion for Extension of Time to correct the error. That too will be granted. The court will then give the plaintiff a number of days to amend their pleadings. If the time has lapsed and the plaintiff failed to do so, you might want to consider leaving it be, or seeing if you can then file another Motion this time with prejudice for the plaintiff failing to amend their pleadings within the reasonable time allowed by the court’s order.

All states are different but these are your rights. Your court rules explain everything that is needed by the plaintiff as well as your rights in order to defend yourself.

If your court does not allow a Motion to Dismiss in lieu of an answer, remember to answer your Summons anyway and put down as an affirmative defense that the plaintiff failed to attach the contract.

Regardless if this gets to trial or not, you know the plaintiff is going to have to come up with that contract. And if this is a junk debt buyer or collection agency, the chances are slim to none that they won’t have it. Keep asking for them to produce documents until you win.

If they have attached an Affidavit of Debt signed by one of their employees and not the original creditor, check your state’s evidence rules and look under what is considered ‘hearsay’ in your state. You most likely will be able to file a Motion to Strike the plaintiff’s Affidavit of Debt as being hearsay.

Answer Junk Debt Buyer Interrogatories

Interrogatories are a set of questions that the junk debt buyer will ask you to get you to mess up and admit to the debt so that they can file a default judgment.

They will ask you questions about your bank account, your job and other personal information that really doesn’t pertain to the lawsuit. To tell you the truth, I did not answer LVNV Funding’s Respond to Interrogatories where I was asked the address where I work, my social security number, and my bank address and bank account number.

In my situation LVNV had no contract or assignment so they hadn’t proved anything to me so I wasn’t about to answer those questions because there was a concern over privacy and it had nothing to do with this lawsuit.

If you are confused on how to answer interrogatories, click here for help.

I was given a Respond to Interrogatories by a junk debt buyer and I answered them. It is really hard to answer a company’s discovery requests when they have failed to prove that they even own this debt.

What Happens After You’ve Been Served for Credit Card Debt Lawsuit

Look at the Summons and read your Complaint. You need to ask yourself the following questions:

  • Does your state require the written instrument to be attached to the Complaint? This means the contract that they are suing you for. If so, is it attached? Find out by checking your local court rules of trial procedure:

    For instance, I am from Indiana and here is mine. It is under ‘Written Instruments Rule 9.2′:

    (A) When instrument or copy must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record.

    This means that it is required. If the plaintiff is suing for breach of contract, they must attach the contract that is being claimed with the Complaint.

    If it is required but it is not attached, you can file a Motion to Dismiss because the Plaintiff failed to comply with your Trial Rule. I would file a Motion to Dismiss for failure to comply with Trial Rule 9.2 (INDIANA)

    Motion To Dismiss For Failure to Comply with Indiana Trial Rule 9.2. The Defendant asks this court to dismiss this Complaint because the Plaintiff failed to comply with Indiana Trial Rule 9.2. Wherefore, the Defendant asks this court to dismiss this case with prejudice and for all other proper relief.

  • Is this debt time barred, meaning the time has run out for the plaintiff to use the courts to sue you? Another meaning would be the statute of limitations.

    Each State has their own statute of limitations for collecting a Debt. I live in Indiana so my statute of limitations for collecting a debt is six years on an open contract and six years on a written contract. If I defaulted (the last date that I made a payment to this account) from the year 2003 and earlier, all of the lawsuits that come at me are time barred. The statute of limitations has run out for the Plaintiff to legally collect their money.

    Therefore, if the Debt is Time Barred I would file a Motion To Dismiss on those grounds alone. Get a copy of your credit report, make a copy and staple it to your Motion to Dismiss.

    Motion To Dismiss Case Pursuant to Indiana Code 34-11-2-9. The Defendant asks this court to Dismiss this case because the Plaintiff is Time Barred Pursuant to Indiana Code 34-11-2-9 which states 6 years to collect debts. The Defendant defaulted on this Account in January 2002 which leaves the Plaintiff Time Barred to Collect. Wherefore, the Defendant prays that this court will Dismiss this Case with prejudice and for all other proper relief.

  • Is the Assignment attached to the Complaint? Should it be according to your trial rules?

    If so, you can file a Motion to Dismiss for failure to name the real party in interest.

  • If none of the above applies to you, Is there an Affidavit attached to the Complaint? Is the Affidavit signed by someone who is employed by the original creditor? Is it signed by someone who is employed by the junk debt buyer?

    An Affidavit is sometimes grounds enough alone if uncontested to get a judgment.

Hearsay – Look under your rules of evidence. You may be able to file a Motion to Strike the Affidavit but only if the contract or assignment is not required to be attached to Complaint and the Affidavit is from the junk debt buyer’s employee. After reviewing your local court rules, if this is considered Hearsay, you might want to file a Motion to Strike.

Additional Information

  • avatar Mary

    “I have been using the Defendant’s Package to fight my credit card lawsuit. Great stuff….thank you!

    The Plaintiff (LVNV) never paid the arbitration fee or provided dates for an arbitration hearing (all cases in Oregon go to arbitration prior to trial). Because of this, the court sent the Plaintiff and myself a notice that the case would be dismissed on 4/26/10. The court is back logged, so the case hasn’t been officially dismissed; it is still open, pending dismissal.

    Just today- from the Plaintiff- I received a GENERAL JUDGMENT OF DISMISSAL WITHOUT PREJUDICE. In it, it says that ‘It is hereby ordered, adjudged and decreed that the within entitled matter be and the same is, hereby dismissed without prejudice and without costs to either party’. The Plaintiff sent this to me asking me to file it.

    My question is this, is this a trick?! Is this in my best interest to file this?

    If I don’t file anything, the court will be dismissing the case (also without prejudice).

    Any insight or feedback you can give would be very appreciated.

    Thank you,


  • avatar Steven


    I ran across this website today, and i had a question.. if i have been served, signed thier stupid little paper admitting that im the person that they are trying to sue, and have started making monthly payments on some OUTRAGEOUS amount that is MUCH higher then my capital one credit card was for. Would i still be able to use your product? would i be served again if i stopped paying them, and then go through the process that your describing or would they be able to go ahead and try to freeze my bank account and garnish my wages? i would LOVE to stop paying for this crap. please let me know asap. thank you!”

Being Sued for an Open Credit Card

An open account is where the terms of your agreement and payments change constantly. One month you may owe $30.00, the next month $50.00, and the next $500.00 depending on what day you make your payment. Whereas a written contract demands payment of the same amount on a specific day, every single month.

With credit cards, the day your payment is due varies, your contract changes, your payments change monthly etc., so credit cards do not fall into the “written contract”.

When you are sued for an open account, the first thing you want to do is check your statute of limitations under “open accounts”. Click here and see if the debt is past your statute of limitations. If it is and you have proof such as old checks made out to the original creditor, bank payments, old credit card statements or anything to prove this, you know you would be able to get it dismissed.

If the debt is still within your state’s statute of limitations, that’s another story.

You would have to start by using your local court rules to make sure that the plaintiff has not broken any of those rules such as not attaching the card agreement/contract, the assignment etc. Each state has different rules in regard to what needs to be attached to your Complaint. Check those rules and start picking away at them because 99% of collection attorneys fall short right from the beginning.

If all is set there, you would have to answer your Summons and list your affirmative defenses and file a copy with the court, send a copy to the plaintiff, and keep a copy for your own records. After a week or so you should hear back from the plaintiff if they even want to bother with people who are smart enough to answer their Summons.

Another great thing to consider is checking your court rules under discovery to see if you can send discovery off to the plaintiff the same day you answer your Summons. That would give you a great advantage over the plaintiff in regard to the discovery process. Ask them for all kinds of documentation. I asked them for documents that I knew they didn’t have and had debt collectors folding left and right.

Beating a lawsuit for an open account against a collection agency is very simple if you know your rights and understand what you are doing. It can be as simple as a walk in the park.

As I say to all my visitors, if you know your court rules, these rules can win your case for you right there. All you have to do is read them!

Court Pleading Paper Answering a Summons

I have taken the liberty of including a blank court pleading paper in Microsoft Word form that can be edited with your information and printed out to perfection.

This paper shows you where to add the plaintiff’s information and your information. You would then scroll down a few lines, enter your answer and then your affirmative defenses. Two pages are given; this is plenty of room to add those affirmative defenses.

This is a 28 lined pleading paper that can be adjusted to however many lines are needed for your case.

For people who are having problems printing out your answer where you end up with all the numbers on the left side and all the boxes showing, during the print all you need to do is the following:

  • Click Tools
  • Click Options
  • Click the Print Tab
  • Make sure that Drawing Objects is unchecked

The court pleading paper that is edited with all your information should now come out perfectly avoiding any boxes and numbered lines.

Make sure you sign and date your answer and add a Certificate of Service as your final touch.

Received Civil Summons

Was the sheriff knocking on your door? Did it come by certified mail? You really need to do something about it or you are going to get a default judgment against you.

The first thing you want to do is check your court rules and check what the plaintiff has attached to the Summons. For example, was a credit card agreement, contract or assignment attached?

Do they need to be attached to the Complaint when you are served? Check your court rules to make sure.

Now if they are supposed to be attached to the Complaint, were they? If not, go back to your court rules and see if you can file a Motion to Dismiss in lieu of your answer. Your Motion to Dismiss would be for failure to comply with your court rule that requires a contract or assignment to be attached to the Complaint when served.

If your court does not have a rule where the contract or assignment must be attached, you must now read the Summons and it will tell you exactly how many days you have to answer the Summons before you will be in default.

Most states give 20 days and others 30 days. Check your court rules under “pleadings” to see how long you have but it is much easier to just read the Summons as it will state you have ____________ days to answer the Summons.

If you fail to answer your Summons, the plaintiff will file for a default judgment against you and this will give them the authority to freeze your bank account and garnish your wages.

If you cannot afford an attorney, you really need to look around this site for some help to answer your Summons in a timely way or face the consequences. I know you are nervous and scared about all of this and if you cannot afford a lawyer, I’m sure this site is going to really help you.

Now that you have received your Summons you are going to have to file an answer or Motion to Dismiss if the plaintiff did not comply with the court rule requiring them to attach the contract or assignment with the Complaint.

Go to the answer category on this site and let’s get this going here.

Additional Information

  • avatar Mary

    “Pretty cool post. I just stumbled upon your site and wanted to say that I’ve really enjoyed browsing your posts. In any case I’ll be subscribing to your feed and I hope you post again soon!”

  • avatar Teresa

    “I received a summons on 3/39/10. Today is 8/27/10. I was going to file for bankruptcy and did not respond, but now I am not filing for BK anymore, but it is way passed the 30 days to file a written response. What can I do now?”

  • avatar Arturo Guzman

    “I receive a Summon from a loan, before I lost my bussiness. It is almost $9 000.00. How can I respond?”

  • avatar Mark

    “To Teresa, it’s past the required time to send in your Answer. However, you can still negotiate judgements which is what the creditor now has. In fact you may have even more negotiating power because your debt may be with a 3rd. or even 4th Collection Co. also most states judgement is valid for one year. Best of luck, and you made the right move by Not Filing “BK” P/S Yes Good Site…”

Answering a Civil Complaint in Florida

If you are resident of Florida and have been served with a civil Summons, this means someone has filed a lawsuit against you. The Summons lets you know that you have been sued and notifies you as to when you have to respond to the lawsuit. The civil complaint usually gives you a certain period of time in which you have to do this.

With the civil complaint, you have the reasons or the basis for the lawsuit filed against you and the specified time frame (usually about 20 days). It is imperative that you file an answer within the specified time frame or else you’ll lose your right to defend yourself and participate in court proceedings. Apart from a Summons eviction, you usually have 20 days to file an answer to a civil summons. To figure out the last day allowed for filing an answer to the Complaint, count 20 days beginning with the day after being served. (Make sure to include Saturday’s and Sunday’s when counting.)

When answering the civil Summons/Complaint, read the petition very carefully to see why you’re being summoned to court and then write an answer to the civil Summons. Remember that it’s best to respond to each numbered paragraph of the complaint, as each allegation is usually given a number. Number your answers the same way. To include other facts that you want the judge to know, add on additional numbered paragraphs, placing all your responses under the heading “answer”. In the next post we’ll talk about a sample answer format and the process of service.

Answer a Credit Card Debt Lawsuit Collection Agency

If a collection agency is suing you and you have received a Summons and Complaint, the next step is to:

  • File a Notice to Appear. By filing a Notice of Appearance, you will prevent the court from entering a default judgment against you without a court hearing. This also guarantees that you will informed of all activity relating to your lawsuit.

  • File Your Answer. Look at examples here

After filing your answer on time, it is then up to the plaintiff to proceed. They will either dismiss your case or request a court date which you will receive via postal mail. Some can also send you Discovery immediately after you have filed your answer with the court.

If you understand what you are doing and have found numerous mistakes within the Complaint, the plaintiff most likely will not want to deal with bringing you to court and will dismiss the case.

However, if you admitted everything on the Complaint and/or answered wrong, the collection attorney will most likely feel you are an easy win and ask for a court date.

Instead of getting a court date, the plaintiff can also send you Discovery at this point which would consist of Answering Interrogatories, Admissions, and Documents. Depending on how those are answered, the plaintiff can then proceed with a dismissal or request a court hearing. If you answer your entire Discovery wrong or do not answer it on time, this can also result in the plaintiff drawing up a summary judgment.

Collection agencies are easy to beat if you understand what you are doing. Remember these are junk debt buyers and have to abide by many laws, plus follow all your court rules.

Answer Credit Card Summons Template

People who are sued do not know the correct format to answer their credit card Summons. Pro Se defendants should just copy the top portion of the plaintiff’s Complaint. Make sure you name the plaintiff and defendant exactly how it appears on the Summons and make sure that the cause number is included. The right portion of the paper will have to state the defendant’s answer and affirmative defenses.

If you look at the plaintiff’s Complaint your answer to your credit card Summons should be exactly the same way, again adding defendant’s answer and affirmative defenses. When you answer, make sure you file a copy with your county clerk’s office, send a copy to the plaintiff and keep one copy for your records. Do not forget to attach your certificate of service with each pleading.

The easiest way to explain this is to look at the plaintiff’s Complaint and copy everything that in the same format that they have done. This is with the exception of the right side of the paper where you will see the name of the pleading under the cause number. Make sure that if you are filing a motion that you name the motion there. If you are filing your answer, put defendant’s answer.

If you are having trouble answering your credit card Summons please go here for further help, please click here

How Long After Summons Do You Get a Default Judgment

Collection Agencies/Junk Debt Buyers do not hesitate for one minute if you have not answered your credit card Summons.

If your Summons states you have 20 days to answer and you failed to do so, they will get a default judgment against you the very next day. If you have 30 days to answer, the same thing is true.

This is exactly what they are hoping for, I hope you know that. They serve you, you don’t answer, they file for their default judgment and get it. They then come after your bank account to garnish your check.

If your state allows a certain percentage of your check to be garnished, you will quite possibly receive an order from the court telling you to appear at a garnishment hearing. This is totally degrading. They will ask you where you work, how much you make and then proceed to dock your check at the highest percentage that your state allows.

I do not understand why people would just default especially with so much information to help you answer your Summons. Even if you know it is your debt, answer the Summons. These companies probably do not have anything on you anyway.

Below is a time line of how fast these collection agencies act after you decide not to answer your Summons and it is quite scary:

Event Time Span
Suit filed Within 2 days of receipt of costs
Summons served normally within 14-28 days of filing suit
Filing for default 20 days after service of Summons
Entry of default 14 – 28 days from filing *(unless court requires hearing which could add 30 additional days)
Issuance of execution:
– bank garnish
– wage garnish
– sheriff’s levy
Any time after entry of judgment
Return on execution:
– bank garnish
– wage garnish
– sheriff’s levy

– within 20 days from service of garnish
– within 20 days from service of garnish
– 90 days from issue date
Proceedings supplemental Any time after 10 days of judgment entry; varies by county but generally can be requested every 90-180 days to examine debtor

Like I have said, they do not hesitate. They serve you and hope you default. Look again at how fast they go after that judgment and once they get that judgment, look again and see how fast they come after your wages and bank account.

Answer your Summons!