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Going to Court for Credit Card Debt - Everything You Need to Know

George Simons | July 21, 2022

Don't carry around that debt forever.

Summary: Are you being sued for an old credit card debt? Learn everything you need to know about why you're going to court for credit card debt and how to beat the debt collector.

It is not uncommon to fall behind in paying your credit card debt. Many people face different challenges that cause them to fail to pay their monthly credit card debt installments. The most common consequences of delayed debt payments are poor credit scores, increased interest rates, and numerous phone calls and messages from debt collectors. As a last resort, the debt collector may sue you for failing to pay a prolonged credit card debt.

However, you do not need to panic when you receive a court summons for unpaid credit card debts. Instead, these valuable insights should help you get prepared for what is to come.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

When can you get a court summons for credit card debt?

Your credit card company will always try to follow and remind you of your pending credit card payments. However, at around four months of unsuccessful attempts, the company may decide to forward your account to a debt collecting company.

The debt collector's main role is to use all means reasonably availed by law to collect the debt. These attempts may include collection calls, letters, or discussing possible debt settlement plans.

When you ignore the collectors by not picking calls or replying to messages and letters, they may stop contacting you but instead file a lawsuit as a last resort. Unfortunately, if the court rules favor the debt collector, you will eventually have to pay up what you owe.

Use SoloSuit to respond to debt collectors and win in court.

How to respond to a credit card summons

One thing you need to know is you can't go to jail because of a credit card court summons. The credit collector would be breaking the law if they threaten you with a jail sentence. However, you will still need to do something about the summons.

Here's how to go about it.

1. Verify that you owe the debt

There is a chance that the plaintiff is likely not the original creditor you had an agreement with earlier on. Or, it could be an old debt that you may have forgotten all about. To verify the debt, you will therefore need to gather enough information about it.

The debt validation letter usually contains information such as the name of the current creditor and the amount that you supposedly owe. However, the original creditor may have sold the debt to a debt collection agency. Therefore, for verification purposes, you may request the original creditor's name and the amount supposedly owed.

Here's why you need to verify the debt:

Many errors occur as debts change hands. For example, errors with names and amounts owed. You have to be sure that your records match what the debt validation letter states.

Confirm whether the debt is still valid within the statute of the limitation. If the debt is time-barred, it means that the creditor cannot take you to court, but they may still attempt to. You may have cleared the debt, but this won't show if the creditors haven't updated their records.

Remember, depending on the state, you have between 20 and 30 days to respond to the court summon. You may as well use that time to prepare for your defense. Luckily, SoloSuit has an intelligent app that helps you create an Answer document for the lawsuit within minutes! All you need to do is answer a few questions regarding the lawsuit. Your response will then be reviewed by a legal at SoloSuit.

Protect your wages by filing a response with SoloSuit.

2. Negotiate with the debt collector

Many debt collectors are often willing to settle for an agreement instead of going through the time-consuming court processes. On the other hand, you may avoid harsh penalties that may come with a ruling in favor of the collector. If the collector wins such a case, they may be able to:

  • Garnish your wages
  • Effect a lien on your property
  • And many more.

In some cases, if the creditor wins the suit, the court may require that you pay all that you owe, including any court and attorney fees. Therefore, it may be a good idea to agree on a debt settlement plan instead of going to court.

3. Consider retaining the services of a lawyer

If you are not sure how to go about a credit card court summons, it would be best to let a lawyer help you. Here are some reasons you may need a lawyer:

  • The debt involves a lot of money, and you are not sure how to handle it.
  • You have noted several mistakes in the summons, such as the debt being time-barred.
  • The circumstances surrounding the credit card debt are complicated.
  • You are not able to appear in court for various reasons, for example, being bedridden.

No matter the debt amount, it is always best to respond to a court summons filed against you rather than ignoring it. If you are unsure how to file an Answer, you can always use SoloSuit; it is one of the easiest and fastest ways to effectively respond to a debt collection summons.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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