The Importance of Responding to a Summons Correctly

The Importance of Responding to a Summons Correctly

In most cases, responding to a summons is all it takes for creditors to drop the case against you which is why it is imperative that you create an Answer to the plaintiff’s complaint within the amount of days given by the court otherwise, the plaintiff will get a Default Judgment against you. A default judgment will give your creditor legal rights to access your bank savings or garnish your wages to satisfy the loan, the interest, the penalty charges, and even their legal expenses!

It’s true, your creditor expects you to either ignore the summons or not know much about your rights. They expect an easy victory by default judgment so don’t give these scoundrels the satisfaction sucking your savings dry or garnishing your wages.

To stop the court from making a default judgment ruling, you need to check your local court rules and find out if you can file a motion to dismiss in lieu of an Answer. Now, for many people who are not aware of their state’s court rules, some state allow defendants to file a Motion for Dismissal before responding to a summons with an Answer, like in Indiana.

You can have your case dismissed immediately by filing a Motion first before filing an Answer. If the motion is granted, the case is dismissed otherwise; you to start responding to a summons. This is why it is important to check and re-check local court rules to see if there are any grounds for case dismissal. If you see any grounds for dismissal, like the plaintiff failing to provide the original copy of the credit card contract from the original creditor together with the summons, check if court rules allow allows for a Motion to Dismiss before an Answer. You’ll be saving yourself a lot of headache if you do your own research before responding to a summons.

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