Sample Answer to Summons
Answering a court summons is extremely important. Once a summons has been received, it should never be ignored no matter how daunting the task of dealing with the credit card lawsuit may be. If being sued by a junk debt buyer or collection agency, the consumer has a great chance of beating the creditor because they could be bluffing and not even have the proper defense for the case. There’s no need to panic when receiving a summons from a credit card company either.
No need to get a panic attack when you are asked to respond to a summons. Just because the plaintiff says you are guilty of some things in the Complaint does not make them true. However, if you do not stand up for yourself and answer the summons, the plaintiff will win by default and you will also not receive a Notice of Judgment if you have not submitted a Notice of Appearance.
Many do not have the financial means for an attorney to fight their debt case for them. Oftentimes consumers want legal counsel when faced with a debt lawsuit, but many people have been able to successfully handle their credit card case on their own. Seeking out legal support and advice from websites like this is always helpful because the more one knows, the better they are able to properly respond and thus have a greater chance of winning.
The party that has received the summons, also known as the defendant, is required to respond within a certain time period. Responding within the allotted amount of time is of utmost importance. Defendants dealing with credit card debt suits shouldn’t waste time calling the credit card company or the debt collection agency. Calls may already be flooding in from the debt collectors so it’s important not to admit to certain things or keep going back and forth with them. Just simply deal with the summons and learn how to appropriately respond with the necessary information and become knowledgeable as to whether the lawsuit is even legitimate and the account exists. Once the summons and complaint have been received, the case is now in the legal system and should be responded to accordingly. Consumers are typically given 20 – 30 days, and if a response hasn’t been issued within the given time frame, a default judgment could be ruled. This would result in a freezing of the defendant’s assets and wages being garnished.
The summons package received should include a “complaint” document, which lists the allegations being made by the creditor or plaintiff against the defendant. Each individual allegation must be answered with an “agree”, “disagree” or “partially agree”. The responses could also use similar words such as “affirm”, “deny” or “lack of knowledge to fully answer”. When the defendant denies or disagrees with an allegation, he or she must write a brief statement explaining why. A form may also be included with the summons packet where the defendant can provide this explanation. Another option is to type out the answers on a blank piece of paper. None of the documents used for responses or any legal correspondence should be handwritten. Always type out answers, letters or anything else legal. Samples of the correct template or forms are provided in The Defendant’s Package. Be sure to imitate the format of the complaint including the defendant’s name, address, telephone number, the docket number and the title of the case.
Another important thing for consumers to remember when answering a summons is to send a copy of any documents to the plaintiff and always keep a copy of each document for personal reference. The answer should be filed by sending a copy to the court as well as the plaintiff’s lawyers or the opposing party. Also consider using registered mail to ensure that no documents are lost. Having the answer personally delivered to the courthouse clerk might be another option, but one must read the instructions in the summons to make sure this is acceptable. Any legal adviser or attorney will tell a client how important it is to get this answer in within the allotted time frame, so I cannot stress this enough.
Once court day has arrived, the defendant should make sure to arrive early or on time. It is not acceptable to miss your appointed time in court so set reminders or ask for time from work. One should do whatever necessary to appear in court on the day assigned as failure to do so will result in default judgment.
In most cases the opposing attorneys will assume that the consumer does not have any knowledge of the legal system. This is why they go after so many customers for debt lawsuits. They will try to confuse the defendant and set him or her up to fail and make mistakes that cost them their case. The best way for a defendant to prevent this and prepare for a credit card lawsuit is to understand what the opposition is going to ask and the best way to answer the questions. Consumers should ask the opposing party to provide proof that money was loaned to them or a valid contract that is dated and signed.
Before representing yourself in court against a creditor, consumers should educate themselves and read up on everything they need to know. It would be wise to consider browsing this site and even getting The Defendant’s Package for greater assistance in fighting your junk debt buyer case. The examples and personal stories provided will help immensely in walking a consumer through each step of the litigation phase and it will definitely increase awareness of the best ways to answer a court summons and win a credit card lawsuit.