Summary: Are you being sued by a bill collector for an old debt? Not sure how to respond? Here's a sample answer to a summons for a credit card debt lawsuit.
When you've been sued over a credit card debt, the plaintiff usually hopes that you'll ignore the lawsuit. Unfortunately, ignoring the lawsuit means the court will pass a default judgment against you, awarding the plaintiff legal authority to pursue other debt collection methods such as wage garnishment to recover the amount you supposedly owe.
The worst part of a default judgment is that it usually awards the plaintiff authority to pursue the debt even if you don't owe the amount stated or the entire debt. By failing to respond to the summons, the court assumes that you owe the indicated amount and grants the plaintiff permission to recover it within the state's legal parameters.
Make the right affirmative defense with SoloSuit and win in court.
But how do you respond to such a lawsuit, especially if it's your first time? First things first, it's essential to understand the elements of an answer document.
An answer document for a credit card lawsuit contains the following elements:
- Name of Plaintiff (creditor or debt collector);
- Name of the debtor (you);
- Case number;
- Affirmative defenses;
- Date of response;
- Respondent's contact information (your address).
Here's a sample answer to a summons for a credit card lawsuit.
[Name of Debtor or Debt Collection agency]
[Your name exactly as written on the summons],
Now comes Defendant [Your name exactly as written on the summons], who denies the following paragraphs of Plaintiff's Complaint:
- Defendant denies the claims contained in [enter paragraph number] of the complaint. Defendant is without information or knowledge enough to form an opinion about the truth and accuracy of alleged claims.
- Defendant also denies the accusations contained in [enter paragraph number]. There is not, nor has there ever been, any agreement, written, oral, or suggested between the Plaintiff and Defendant.
- Defendant lacks knowledge about the truth and consequently denies accusations included in [enter paragraph number]. Plaintiff has failed to provide Defendant with any proof of the alleged debt.
As a result, Defendant requests that the court dismiss the plaintiff's complaint.
[Date of response]
[Your name exactly as written on the summons],
[Your contact information, preferably physical address]
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
It's important to note that the contents of the answer document vary depending on the response you opt for, but the format remains pretty much the same. When answering a summons for a credit card debt lawsuit, you can either accept, deny the complaint, or accept in part.
Another thing you need to remember is that you need to state all your affirmative defenses in your answer document, even if some don't make sense. This is because once you've submitted the answer document, you can't use another affirmative defense if it wasn't initially listed in the answer document, even if you forgot to list it down earlier.
Besides knowing how to write an answer to a summons for credit card debt, it's also important to find out the deadline for filing this document. Each state has its own deadline, which you must strictly adhere to or risk losing the lawsuit to the plaintiff.
Alternatively, you can use SoloSuit to file an attorney-approved answer within 15 minutes, saving you time and energy while guaranteeing peace of mind.
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
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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