Sample Answer to a Credit Card Debt Summons

Immediate actions upon receipt

There’s no need to panic. Just keep the following in mind:

1. Do not ignore it: The moment you receive a summons, mark the deadline for response on your calendar. Calculate the exact date your response is due.

2. Read it carefully: Make sure you understand what court issued it, when you must respond, and where to send your response.

3. Make copies: Create several copies of all documents for your records.

4. Gather your documentation: Collect any relevant records related to the account, including old statements, correspondence, payment history, and any communications with the creditor.

5. Don’t contact the creditor without legal advice: Anything you say can be used against you in court. If you’ve been dealing with debt collectors, be aware that statements you make might be admitted as evidence.

Consider consulting an attorney

For most people facing a credit card debt summons, consulting with a lawyer is highly advisable, even if only for an initial consultation. Many attorneys offer free or low-cost initial consultations and can:

• Evaluate the validity of the creditor’s claim
• Identify potential defenses
• Explain your jurisdiction’s specific procedures
• Advise you on settlement options
• Represent you in court if necessary

Some jurisdictions have legal aid societies that provide free representation to low-income individuals. If you cannot afford private counsel, investigate whether you qualify for legal aid in your area.

Understanding potential defenses

Before responding, you should understand what defenses might be available to you. Some common defenses to credit card debt lawsuits include:

• Statute of limitations: Each state has a statute of limitations on debt—typically 3 to 6 years depending on the state and the type of debt. If the debt is older than the statute of limitations period, you may have a complete defense to the lawsuit. However, you must raise this defense in your response; failure to do so can waive it.

• Improper service: If you were not properly served with the summons, you may have grounds to dismiss the case.

• Incorrect amount or account: Sometimes creditors sue for the wrong amount or try to collect on a closed or disputed account.

• Payment or satisfaction: If you’ve already paid the debt or settled with the creditor, that would be a complete defense.

• Violation of Fair Debt Collection Practices Act (FDCPA): If a debt collector violated your rights in attempting to collect, you might have a counterclaim.

• Creditor’s failure to establish the debt: The creditor must prove the debt is yours, the amount is correct, and you are liable. Sometimes creditor evidence is insufficient, particularly with older accounts or those sold multiple times.

Default judgment

If you fail to respond to a summons within the required timeframe, the court can enter a default judgment against you. This means the court issues a judgment in favor of the creditor without ever hearing your side of the case. The creditor wins by default simply because you didn’t show up or respond.

A default judgment is particularly damaging because:

• It establishes the creditor’s claim as a court judgment
• It gives the creditor much stronger collection tools
• It typically cannot be challenged later unless you can demonstrate good cause for missing the deadline
• It appears on your credit report as a judgment, which is far worse than a collection account

Post-judgment collection actions

Once the creditor has a judgment, they can pursue aggressive collection measures:

• Wage garnishment: The creditor can obtain a court order requiring your employer to withhold money from your paycheck. The amount varies by state but is typically 10-25% of your disposable income.

• Bank levies: The creditor can freeze your bank accounts and take funds to satisfy the judgment.

• Liens: A judgment lien can be placed against your real property, forcing you to satisfy the debt if you sell the property or refinance.

• Continued judgment accrual: Judgments accumulate interest in many states, meaning the debt continues to grow even after the judgment is entered.

• Renewal of judgment: Some states allow judgments to be renewed, potentially extending collection efforts for 10-20 years or longer.

Sample answer to a summons for credit card debt

Below is a sample answer that demonstrates the proper format and structure for responding to a credit card debt summons. This template should be adapted based on your specific circumstances and your state’s civil procedure rules. This is for informational purposes; you should consult with an attorney before filing any legal document.

SAMPLE ANSWER TO COMPLAINT FOR CREDIT CARD DEBT

IN THE [CIRCUIT/DISTRICT] COURT OF [COUNTY NAME] COUNTY, [STATE]

[DIVISION/BRANCH]

PLAINTIFF,

v.

[YOUR NAME],

Defendant.

Case No.: [Insert Case Number]

TO THE HONORABLE COURT AND TO THE PLAINTIFF’S ATTORNEY OF RECORD:

The Defendant, [YOUR NAME], by and through undersigned counsel, or pro se if representing yourself, hereby respectfully submits this Answer to the Complaint for Credit Card Debt filed by [CREDITOR NAME] (“Plaintiff”) on [DATE], and in response thereto states as follows:

RESPONSE TO ALLEGATIONS

1. Defendant admits that Defendant is the person named as defendant in the caption hereof.
2. Defendant admits that [CREDITOR NAME] filed a Complaint in this action on or about [DATE].
3. Regarding Paragraph [#] of the Complaint, alleging that Defendant opened a credit card account with Plaintiff, Defendant lacks sufficient knowledge and information to form a belief as to the truth of this allegation and therefore denies it. Defendant specifically denies that Plaintiff has established a proper foundation for this claim or produced sufficient documentation proving Defendant’s liability for the debt alleged.
4. Regarding Paragraph [#] of the Complaint, alleging that the account number is [ACCOUNT NUMBER] and that Defendant made monthly payments until [DATE], Defendant denies these allegations. Defendant disputes the accuracy of the account information and contends that Plaintiff has failed to provide sufficient documentation of the account history, terms, and conditions.
5. Regarding Paragraph [#] of the Complaint, alleging that Defendant owes the sum of $[AMOUNT], Defendant specifically denies owing this amount. Defendant contends that Plaintiff has failed to account for [specify if applicable: payments made, credits applied, disputes filed, or other relevant factors], and therefore the amount claimed is inaccurate and overstated.
6. Regarding all other allegations contained in the Complaint, to the extent that they have not been specifically admitted or denied herein, Defendant lacks sufficient knowledge and information to form a belief as to the truth thereof and therefore denies them.

AFFIRMATIVE DEFENSES

1. As a first affirmative defense, Defendant asserts that the Complaint is barred, in whole or in part, by the applicable statute of limitations. Specifically, under [STATE] law, the statute of limitations for actions on credit card debt is [NUMBER] years from the date the cause of action accrued. Defendant contends that the debt in question, if any, accrued more than [NUMBER] years ago on or about [DATE], and therefore this action is time-barred and must be dismissed.
2. As a second affirmative defense, Defendant asserts that Plaintiff has failed to establish a proper chain of custody and ownership of the alleged debt. Defendant demands that Plaintiff produce competent evidence showing all assignments and transfers of the alleged debt from the original creditor to the current Plaintiff, including all assignment documents, with proper signatures and dates.
3. As a third affirmative defense, Defendant contends that Plaintiff has failed to satisfy its burden of proving by a preponderance of the evidence that Defendant is liable for the debt alleged. Plaintiff’s Complaint lacks sufficient factual allegations and documentary support to establish Defendant’s liability.
4. As a fourth affirmative defense, Defendant asserts that Plaintiff is not the real party in interest and therefore lacks standing to bring this action. Defendant demands that Plaintiff produce evidence of proper assignment of the debt to Plaintiff and evidence that Plaintiff owns or has the authority to collect on the alleged obligation.
5. As a fifth affirmative defense, Defendant asserts that any collection activities by Plaintiff or its agents may have violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and Defendant expressly preserves the right to assert counterclaims for such violations.
6. As a sixth affirmative defense, Defendant asserts that the account terms and conditions alleged by Plaintiff are not properly established in the Complaint, and Defendant denies any obligation to pay interest, late fees, or other charges beyond the principal amount of any legitimate debt, if any.

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Dismiss the Complaint for failure to establish a valid cause of action;
2. Dismiss the Complaint as barred by the statute of limitations;
3. Require Plaintiff to produce competent evidence of ownership and standing;
4. Enter judgment in favor of Defendant;
5. Deny Plaintiff any and all relief requested; and
6. Award Defendant such other and further relief as this Court deems just, proper, and equitable.

Respectfully submitted,

[Your Signature or Your Attorney’s Signature]

[Your Printed Name or Your Attorney’s Printed Name and Bar Number]

[Your Address or Your Attorney’s Address]

[Your Phone Number or Your Attorney’s Phone Number]

[Your Email or Your Attorney’s Email]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [DATE], a true and correct copy of the foregoing Answer was furnished to [Plaintiff’s Attorney Name and Address] via [specify method: certified mail, email, hand delivery, etc.].

Signature: ________________________

Date: ________________________

Filing and service requirements

• Where to file: Your answer must be filed with the court listed on the summons. This is typically the through the clerk of court’s office in the courthouse, the clerk’s mailing address (check the court’s website), or an online filing systems if available in your jurisdiction.

• Filing deadline: The deadline is typically 20-30 days from the date you were served, depending on your state. Calculate this carefully—weekends and holidays may or may not be counted depending on your jurisdiction. When in doubt, file earlier rather than later.

• Service on the plaintiff: After filing your answer with the court, you must also serve a copy on the plaintiff’s attorney (or the plaintiff directly if they’re unrepresented). Keep proof of service with your court filing.

• Filing fee: There may be a court filing fee. Contact the clerk’s office to determine the amount. If you cannot afford the fee, you may be able to file a motion for in forma pauperis (asking the court to waive fees based on financial hardship).

The bottom line

Receiving a credit card debt summons is serious, but it is not the end of the road. By responding promptly and thoughtfully, raising appropriate defenses, and seeking legal counsel when necessary, you can protect your rights and potentially achieve a better outcome than allowing a default judgment to be entered against you.

The key takeaway is this: do not ignore a summons. Even if you believe you owe the debt, responding allows you to negotiate, raise defenses, and maintain control of the process. The worst outcomes come from inaction. Take the summons seriously, meet all deadlines, and seek professional legal advice to navigate what comes next.

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