Answering Summons-Breach Contract

Answering Summons-Breach Contract

Failure to make credit card payments on your card account will result in the card company or debt collector filing a lawsuit for breach of contract. You will receive a court summons. A court summons is essentially a notification that a lawsuit is underway. Summons is hand-delivered to your home or place of businesses. A “complaint” is second document attached to the court summons. Note that the complaint is the actual lawsuit and provides information for being sued. In response to the lawsuit, you need to answer with a legal document of your own called an “answer”

Steps On How To Answer To A Credit Card Debt Court Summons

Step 1: Review The Summons

The first step towards submitting an answer to a credit card debt lawsuit is to review the court summons to find out how much time you have to respond. Usually, a debtor is given 20 to 30 days to respond, depending on the state. The information you need to respond will be indicated on the front page of the summons together with the address of the Clerk of Court. If you do not respond within the specified period of submission will result in a default judgment being awarded to the creditor. A default judgment gives the creditor a complete victory and allows them garnishment of your bank account or wages in order to satisfy the debt, including the legal fees.

Step 2: Create an Answer

Your response to the complaints should be numbered in order to match the allegations in the lawsuit. Respond to each point by admitting, denying pr indicating you have insufficient information pertaining to allegations. The precise wording you use will depend on you. Sign your name at end of your answer and provide your complete address and telephone number as well as your case number, which is included in the summons.

Step 3: File Your Response

File your response in person with the Clerk of Court in your local area and send a copy to the creditor’s attorney, whose address is listed in the lawsuit. You can send the copy via certified mail with a return receipt requested. By filing the answers, you protect your rights and give you time to create a defense for a trial date that will be set. You can also use the time to contact the attorney of the creditor and work out a settlement instead. Note that joblessness and inability to pay should not be used as legal defenses.


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