You may be wondering what to do if a credit card debt summons has been issued to you. A reputable credit card business or an overzealous junk debt buyer could have started the summons process. If you want to stay out of court, it’s essential to make legally sound decisions.
How Will You Know If You’re Sued For Debt?
A civil summons may be issued when you fail to make payments on an unsecured loan or credit card, and the account is put into charge-off status. The first creditor or lender writes off the loan as a loss.
A civil summons is a legal document often presented to a debtor at their residence or employment after the debtor has been contacted, identified, and asked to sign their name. It’s essential to keep calm and realize that you need to deal with your debt right now.
Pay Attention To The Call
Pay close attention and formulate a strategy when you receive a summons for credit card debt. You should study your summons carefully to see how much time you have to react, although, in most circumstances, it will be between twenty and thirty days.
Whether you don’t believe the debt collectors have the proper person or just hoping to avoid paying the amount, ignoring a court summons is never a good idea. If you don’t respond to a summons, the court will likely find in favor of the debt collector and order that a portion of your income be withheld until you settle the obligation.
Accusation and Subpoena
The details of the summons that you need to pay attention to include:
- Case in point: when the initial creditor initiates legal action If a creditor or other person with a legitimate claim to the debt has brought suit
- The Court’s Response Deadline: If the complaint includes a copy of the original contract between the debtor and the creditor
Determine When Your Reply Must Be Submitted
Whether or not you have been legally served, you may miss the court date. When a formal Citation and Petition have been issued to you, you must do the following:
- The total amount of time allotted is 20 days. This includes weekends and holidays.
- If possible, submit your paperwork on a Monday rather than a Tuesday or Wednesday because that is when the IRS typically processes it.
- If the defendant doesn’t respond to the lawsuit, the plaintiff might proceed with a “default judgement.”
Write a Reply to the Objections
The creditor’s allegations against you will often be listed on the pleading form. To protect your rights before the court, you must refute all allegations against you. A lack of a response to the claims against you constitutes an admission of guilt by the court.
The following are some possible rebuttals to the accusation:
- Recognize – grant the veracity of the accusation
- A person can: Deny the accusation by presenting evidence to show that it is false;
- That you don’t know enough to either confirm or refute the charges
- You say there is no privity of contract between you and the plaintiff. This is a common argument used to counter claims made by debt collectors.
Filling Out the Response Sheet
- You’re the accused here. Thus you should only fill in the defendant’s side of the form.
- Affirmative Defenses provide fresh evidence that could sway the judge in your favor.
- Please verify that the information provided by the plaintiff in the “Verified Pleas” section is accurate. Consult an attorney before filling out this area.
- A copy of your answer will be provided to the plaintiff, so be sure to fill out a Certificate of Service.
- Please print the form, sign it (with the date), and submit it.
Submit the Answer Sheet
The answer form must be filed through E-File Texas following the website’s filing instructions or You can also file this in person by visiting the district clerk’s office in the county where this is to be filed. The clerk will keep the original document, and you will receive copies.
Give Copies to the Defendant
Copies of everything you submit to the court, including your notes, should be forwarded to the plaintiff. Verify that the correspondence submitted to the claimant includes:
Registered Mail
You must Comprise a Certificate of Service. Please get in touch with us if you have been served with a Summons to appear in court in connection with a credit card debt. Our primary market is in North Texas, specifically Collin and Dallas Counties.
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