Summons—Definition

Hannah Locklear | March 15, 2023

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Debt collectors when they summon debtors to court ^^

Summary: A Summons is a legal document that notifies someone of a lawsuit against them and lists the parties involved, court venue, and deadline to respond. If you’ve been sued for a debt, SoloSuit can help you respond to the Summons and beat debt collectors in court. Alternatively, you can settle the debt and avoid going to court altogether with the help of SoloSettle.

A Summons is a legal document that notifies a defendant that a lawsuit has been filed against them and that they are required to appear in court. It generally contains information such as the names of the parties involved, the court where the case will be heard, and the deadline for the defendant to respond to the lawsuit. A Summons is typically served by a process server or other authorized person who delivers it to the defendant in person, although it can also be delivered by mail in some cases.

What is the legal definition of an Alias Summons?

An Alias Summons is a legal document that is issued by a court when a defendant has not been served with the initial summons or has not appeared in court for a scheduled hearing. The term "alias" means "alternative" or "second," indicating that the alias summons is a second attempt to notify the defendant of the legal proceedings against them.

The purpose of an Alias Summons is to give the court another opportunity to ensure that the defendant is properly notified of the lawsuit or hearing. The alias summons will typically contain the same information as the original summons, including the name of the plaintiff, the case number, and the date, time, and location of the court hearing.

If the defendant is properly served with the alias summons and fails to appear in court, the court may enter a default judgment against them, meaning that the plaintiff automatically wins the case. However, if the defendant does appear in court, they will have the opportunity to defend themselves and present their case before the judge.

What is a Summons for debt?

A Summons for a debt lawsuit is a legal document that is served to a person who is being sued for an unpaid debt. This type of Summons typically informs the defendant of the debt owed and the amount owed, and it provides instructions on how to respond to the lawsuit.

The Summons will generally include a deadline by which the defendant must respond. The deadline to respond to a debt lawsuit varies by state, but it could be anywhere from 14-35 days of being served with the Summons. If the defendant fails to respond within the specified time frame, the court may enter a default judgment against them, which means that the plaintiff will automatically win the case.

If the defendant does respond to the Summons, they may be required to attend a court hearing, where the judge will hear arguments from both parties and make a decision on the case. If the judge rules in favor of the plaintiff, the defendant may be ordered to pay the debt, along with any applicable interest and legal fees.

Here is a debt Summons example

You might be wondering what a Summons for debt looks like, and the truth is, it depends on where you live. However, regardless of your state of residence, a Summons for debt will usually include the following information:

  • The defendant (person or company being sued)
  • The plaintiff (person or company suing)
  • The court in which the case is filed
  • The date of filing
  • The deadline to respond

We’ve attached a debt Summons below, filed in California, to give you an idea of what a legitimate Summons for debt collection looks like.

SoloSettle Debt Settlement Agreement

Do not ignore a Summons for debt collection

If you’ve received a Summons for debt, you might be tempted to ignore it. Ignoring a debt lawsuit will not have a happy outcome.

Luckily, SoloSuit makes responding to a debt lawsuit simple. All you have to do is follow these three steps:

  1. Respond to each claim listed against you.
  2. Assert your affirmative defenses.
  3. File your Answer with the court, and send a copy to the opposing attorney.

SoloSuit can help you with each of these steps and more. Watch the following video to learn more about how to answer a debt lawsuit.

How do you negotiate a debt settlement after Summons?

Being sued can be stressful, especially if you know you owe the debt. Even if you’ve already been sued for a debt, you can still reach out to your creditor or debt collector to discuss debt settlement options.

Debt settlement involves the process of paying off all or a portion of your debt to settle the case once and for all. Many creditors, and most debt collectors, are willing to settle for less than the original amount owed. In fact, according to America Fair Credit Council’s Regan Report, the average consumer can reach a debt settlement of 50% when working with a debt settlement company.

However, you should be careful when dealing with companies that offer debt settlement services, which often turn out to be scams. SoloSettle is different from traditional debt settlement services.

As a tech-based approach to debt settlement, SoloSettle can help you settle a debt on your own. Our software helps you send and receive debt settlement offers until you reach an agreement with your creditor or debt collector. This allows you to stay involved in the debt settlement process from start to finish.

Settle with SoloSettle

Make an Offer

Here are a few other features that set SoloSettle apart from other debt settlement services:

  • You can settle debts of any size with SoloSettle. Many debt settlement companies require you to have a debt over $15k.
  • SoloSettle manages the settlement agreement documentation for you.
  • SoloSettle protects your financial information from predatory debt collectors.
  • SoloSettle is powered by SoloSuit, a trusted brand and company that helps people fight and beat debt collectors in court.
  • SoloSettle has legal defense built in with SoloSuit. While settling, you can use SoloSuit to block lawsuits if you need. Most debt settlement companies don’t provide legal defense; if you’re sued for a debt you are on your own.

To learn more about how to settle a debt, check out the following video.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

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

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

Are you being contacted by a debt collector? We’re making guides on how to resolve debt with each one.

Arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

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Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

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Facing an eviction? The following guides will help you navigate your situation with confidence.

Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Legal aid

Helping people find access to justice is at the heart of Solo's misison. If you're dealing with a legal debt issue, the following guides will help you through it.

Medical debt

Having a health challenge is stressful, but dealing with medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

Other debt resources


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