How to Answer a Summons Credit Card Debt

Here is everything you will receive: (Note: All of the legal pleadings are formatted in Microsoft Word on 28 lined pleading paper. All other informational documents are in PDF Format.)


1. START HERE! E-LETTER: INSTRUCTIONS FOR UNDERSTANDING AND COMPLETING YOUR E-DOCUMENTS

This letter is your tutorial and will give you detailed step-by-step instructions on how to interpret the included documents and how to file them. This document explains each step of the process from filing the notice of appearance to explaining the discovery stage of a lawsuit (if your lawsuit makes it that far!).

So many e-books absolutely bombard you with lots of useless information that they use as “filler”. My book just includes the facts, the real tools, documents, and letters that you need to be successful in avoiding a judgement, getting creditors off your back, and improving and/or repairing your credit score.


2. PRO SE NOTICE OF APPEARANCE

This document is on pleading paper and is filed with courts and mailed certified, return receipt to the plaintiff (the creditor who is suing you).

This is essentially notifying all interested parties that you are an active participant in the lawsuit, that your address is correct or has been corrected, that you will be representing yourself (Pro Se) and that all further documentation and/or notifications regarding your case must be mailed to you at an address that you designate.


3a. PRO SE ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES

This document is your weapon. This is the answer to their complaint. First, you must respond to all paragraphs listed in the complaint you received when you were served. You must affirm, deny, or lack knowledge about each paragraph. My e-letter and this document will give you examples and walk you through this step. After you have answered their allegations, we, in turn, assert our affirmative defenses to their claims.

I have included 13 affirmative defenses in this document. Most of these defenses should be suitable for any type of credit card debt case. Some of the defenses only apply if you are being sued by a third party debt collector (which is typically the case, – third-party means that the original credit issuer is not suing you, a collection agency or junk debt buyer is).

This document is formatted to allow you to fill in your personal information (case #, State, Name, etc.). I have yellow highlighted those areas.

Just fill in your details and remove the highlight. Underneath each stated defense is a yellow highlighted note which aids you in deciphering whether or not that defense applies to your particular case. If it does not apply, just delete the paragraph. If it does apply, simply delete the yellow highlighted portion. Once you have reviewed it, simply print and you are ready to file your documents!


3b. STATUTE OF LIMITATIONS ON DEBT by STATE

Note: One of the defenses that I’ve asserted in the answer is the statute of limitations defense. This is very strong since many of these junk debt buyers purchase out-of-statute debt with the idea that most consumers aren’t aware of the statutes. If you are certain that your debt is within statutes then simply delete that defense from your document. If not…here’s the deal…

I will provide you with a PDF list of the statute of limitations on open, written, and oral debt for your state. There has been some confusion over whether credit card debt is considered open or written debt as the statutes on each type of debt are drastically different.

Open-ended accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is always an open account. This is established under the Truth-in-Lending Act:

TITLE 15 > CHAPTER 41 > SUBCHAPTER I > Part A > § 1602

§ 1602. Definitions and rules of construction(i) The term “open end credit plan” means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan which is an open end credit plan within the meaning of the preceding sentence is an open end credit plan even if credit information is verified from time to time.


4. CERTIFICATE OF SERVICE

This document is filed with the court and mailed to the plaintiff. It simply states that you have filed your notice of appearance and answer, affirmative defenses with the court and that copies of said documents have been mailed certified, return receipt to the plaintiff.


5. DECLARATION OF EXEMPT INCOME & ASSETS

This document is for those individuals who have assets or income that are exempt from garnishment. Examples of such income would be social security or disability income. See the document for the full list.


6. DISCOVERY: PRO SE RESPONSE TO INTERROGATORIES

This discovery document includes instructions for answering interrogatories along with the response to interrogatories document that allows for 15 responses with an extra page built in if you need to add more.


7. DISCOVERY: PRO SE REQUEST FOR PRODUCTION OF DOCUMENTS

This discovery document includes detailed requests for 17 items of documentation for the plaintiff to back up their lawsuit claims. Very few third-party debt collectors will be able to produce the documents we are requesting and will be forced to withdraw their complaint and judgment will be granted in your favor.


8. BLANK 28 LINED PLEADING PAPER IN WORD

This is a blank 28 lined pleading paper document for additional pages or additional documents should the need arise.


9. CEASE AND DESIST LETTER

This is the letter that bars the collector’s from phoning you at home or work and bars them from contacting your employer, neighbors, family and friends. This document instructs them to communicate with you by written correspondence only at an address that you designate.

If they do violate this request (which most won’t) you can turn the tables on them and sue for $1,000 for each infraction as they will be in violation of the Fair Debt Collection Practices Act, Section 1292(c)…so if you do get a phone call after you’ve sent this letter (certified and return receipt), please keep a log for reference.


10. EXAMPLE OF A RECENT DEBT LAWSUIT

What to expect in the courtroom. This document divulges the details of a recent credit card debt lawsuit that went to trial. I reveal what was said, what questions were asked and how a favorable verdict for the defendant was reached.


11. PRIORITIZATION OF DEBT – WHO TO PAY FIRST?

This document is a must-read for anyone struggling to pay all of the bills each month. It explains your legal obligations on various types of debt and budget items. If a debt must be defaulted upon in order to put food on the table, this document will reveal what kind of impact the default will have and what resources are available to the creditor and the debtor.


You’ll receive 22 documents in all!

A half hour consultation with a lawyer will generally cost you a minimum of $300.00 (unless you qualify for legal aid) and frankly, you may get bad advice unless you can specifically locate a lawyer who specializes in consumer debt practices.

You can have a lawyer draft an answer for you. I found one website that does that and they charge $175 for the answer alone plus $20-$30 in Fedex charges plus an additional expedite fee if you need the answer within 3-5 days……which you will almost always need! That’s a lot of money for one document.

I am not a lawyer, nor do I claim to have any particular expertise in this area. I’m just an average person who decided to do my homework on this issue and try to save myself $8,000.00! It worked for me and I believe that it can work for you!

Click here for more information.