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Receiving A Summons - How To Answer A Summons For Debt Properly
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Receiving A Summons  -  How to Answer A Summons for Debt Properly

Receiving a summons for credit card debt is a really nerve-wracking experience. However, it’s best to set aside doubts and fears and start doing something about it because the clock is ticking and your creditor is waiting for you to make a wrong move. First things first, you need to learn how to answer a summons for debt right away otherwise; the situation could quickly go from bad to worse.

This article will help you learn how to answer to a summons for debt.

First, learn how to answer to a summons for debt by reviewing your local court rules and check the summons itself to see if among the enclosed documents include the credit card agreement or any assignments you have to complete prior to drafting an Answer to the allegations.

Next, look for information as to what you can do if the plaintiff was not able to present a copy of the original credit card agreement together with the summons. Again, review the local court rules. If there are no documents that could pin the debt to you, you may file a Motion to Dismiss in lieu of your Answer.

The Motion to Dismiss will argue that the plaintiff did not present enough evidence to validate the debt in dispute.

On the other hand, if the local court does not have imposed rules pertaining to attachment of the signed contract, you will need to review the summons again and check how much time you have to respond to the complaint with an Answer. If you failed to respond to the summons on time, you will lose the case and your creditor will have legal rights to access your bank account or garnish wages.

In most states, delinquent debtors are given 20 full days to respond to a summons but some states allow 30 days. To be on the safe side, check your court rules under Pleadings to find out how much days is given to answer to summons. Apart from knowing how much time you have to file an answer to the summons, you will also need to know how to draft one using the legal format.

In most cases, junk debt buyers do not have the right documents to prove that a certain credit card account’s ownership is that of the debtor and if such is the case with you, you are in luck. You can file a Motion to Dismiss the credit card lawsuit if your creditor don’t have the evidence needed to pin the debt to you.

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