Knowing Your Rights for a Credit Card Court Summons

Knowing Your Rights for a Credit Card Court Summons

If you received a court summons for unpaid credit card debt, you might be wondering what step you should take next. Although a lawsuit is often the last resort for many credit card companies who are desperately looking for ways to extract money from debtors, it is important to know your rights and learn how to defend yourself if you are sued for it.

Step 1: Respond to the Court Summons

The primary right and responsibility debtors have when faced with a lawsuit for credit card debt is to file a response with the court. A response is basically a statement of how you plan to defend yourself against the lawsuit and you need to file this response within the time-frame specified by the summons, which is typically 30 days after the summons is received.

Step 2: File a Motion For Dismissal

When you file an answer, you have the right to file a motion for dismissal. If you feel that the accusations against you are baseless or frivolous, you can file a motion for dismissal together with any supporting documentation you have.

Step 3: Request Validation

Under the Fair Debt Collection Practices Act or FDCPA, you have the right to request validation from any credit card company who notifies you about your unpaid debts. If you face a lawsuit, you can request validation in writing and in turn, the creditor needs to provide this validation through supporting documentation. If not, the lawsuit will not proceed.

Step 4: File a Counterclaim

You are given certain protection, under FDCPA, against different collection methods creditors can take to collect money. However, if you feel that your rights was violated under the FDCPA, and you have evidence to back up your claim, you have the right to file a counterclaim against the creditor and seek compensation for the damages.

Step 5: Petition To Exclude Assets

If you believe that a judgment will be given against your favor, you can file for a petition to exclude certain assets from being seized by creditors. These exempted assets will include Social Security benefits, wages obtained through direct deposits and unemployment benefits.

76 Responses to “Knowing Your Rights for a Credit Card Court Summons”

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