Sample answer to summons for credit card debt

No one likes to receive a summons for credit card debt, but this is something you can handle. Going to court isn’t horrible. No one will shame you, and there’s no firing squad. You’ll get to explain your side to the judge. Even if you lose your case, many courts will let you request a payment plan. And you might even win.

But first, you need to answer that summons.

The information provided below is intended for general informational purposes only and should not be considered legal advice. For personalized legal advice, consult with a qualified attorney licensed to practice law in your state.

What is a summons for credit card debt?

A credit card company or bill collector can start a lawsuit with a summons and a complaint. The summons tells you that you’re being sued, and the complaint (sometimes called a “petition”) tells you why. You are the defendant, and your creditor is the plaintiff. 

Read more: Can debt resolution help with your credit card debt?

When you receive a summons, you must answer it to avoid a default judgment (an automatic loss). Default judgments can force you to surrender property or money to pay the creditor. They could also garnish your wages, which is when your employer is forced to withhold part of your paycheck and send the money to a designated agency that will forward it to your creditors.

The summons should tell you these things:

• The names of all parties in the lawsuit

• The court handling the case

• The number of days you have to file an answer 

• The name and address of the plaintiff or the plaintiff’s attorney

The summons also reminds you that if you fail to respond, the plaintiff’s (the creditor’s) request for relief will be granted. In other words, you'll lose by default. Read and review your summons. It should tell you what to do next and when you need to do it. The court where the case was filed should have a phone number you can call to ask questions about the process.

Receiving a summons can feel scary or intimidating, but don’t let that keep you from taking action. There are basic steps to follow, and there’s nothing particularly hard about them. 

Take a deep breath, and just take it one step at a time. 

Who can help you with a summons

Once lawsuits are filed, it’s smart to talk to a professional who understands how to navigate the process. Consider talking to an attorney. You might find some in your area who are willing to give you a free initial consultation and help you get your head around the situation. You could also search for legal aid in your city in case free assistance is available. 

Here are the steps an attorney may help you with.

Step 1: Determine your deadline

Calculate your deadline for responding to the summons. Grab a calendar and put your finger on the date when the papers were handed to you. That’s Day Zero. Move your finger to the next date, and count “one,” then “two,” and so on until you get to the number of days set out in the summons. (It’s often 20 but not always.) Your finger should be pointing to the last date on which you can safely file your response with the court. If that’s a weekend or holiday, you can move your finger to the next business day.

If you receive your summons in the mail, you’ll get additional days, calculated from the mailing date. 

Step 2: Study the complaint

The complaint provides the details of the lawsuit. Read it carefully, because you or your attorney will need to respond to the plaintiff’s claims, paragraph by paragraph. 

The complaint explains why the creditor is suing you, and what they want. Usually, creditors want the outstanding balance plus interest, and perhaps reimbursement for court costs and attorney fees.

Step 3: Decide what you want to do

At this point, you’ll decide how you want to proceed. Do you owe the money? Does the plaintiff have the right to collect it? Can you afford to pay what you owe? These are all considerations and will determine what you do next:

• Pay the debt

• Fight the lawsuit

• Negotiate a settlement

• Hire or consult with an attorney

Prepare to answer the complaint and plan to go to court. Even if the debt is uncollectible, you could lose automatically if you ignore the situation.

Step 4: Consider settling the debt

If you owe the debt and the plaintiff has the right to collect it, try to negotiate a settlement. 

You can negotiate with the creditor on your own or work with a professional debt resolution company who will negotiate credit card debt forgiveness for you.

Whether your debt is old or recent, owned by the original creditor or a debt buyer, there’s a chance the debt can be successfully negotiated. Going to court is expensive, and collecting a judgment isn’t guaranteed.

Important: Don't let the settlement process distract you from filing your answer. You still need to meet your deadline. Also, filing an answer tells the plaintiff that you plan to fight—which might encourage them to reach a settlement with you and avoid going to court.

If you do settle with the plaintiff, they must update the court that they are dropping the case. Otherwise, it’s still pending, and you want to avoid a default judgment. Until you get official paperwork saying that the case is dismissed, make sure you meet every deadline.

Step 5: Answer the summons

If you do not engage an attorney, you’ll need to draft your answer using the correct form. There might already be a form included with the summons. Or you could try downloading it from the court’s website, picking one up in person at the courthouse, contacting your local legal aid society for help, or using an online service to fill out and print an answer. 

Gather any documents or information you need to answer correctly. 

For instance, if you think the debt is too old to collect (statute of limitations),  you’ll need to know when you last made a payment. If the statute of limitations has run out, the judge could dismiss the case on that basis alone. In the next section, we’ll explain what the statute of limitations is.

Work your way through the complaint one paragraph at a time. For each claim the plaintiff makes, you can admit it, deny it, or say you lack knowledge—that means you don’t have enough information to admit or deny. You can also admit part of a paragraph and deny part. Add brief explanations when necessary. You can also include documents that support your response. Refer to them as Exhibit 1, Exhibit 2, etc. Label them with the exhibit number and case number and attach them to your answer.  This part can be difficult and is why it’s always suggested to consult and hire an attorney to do this for you. 

Step 6: Prepare affirmative defenses

An affirmative defense, if you win, can make your debt go away or stop a lawsuit in its tracks. "Affirmative" means that you have to step up and prove your case. It's not an "innocent until proven guilty" situation. 

To pull off an affirmative defense, you must explain why you don’t owe the plaintiff and provide new information for the court to consider. If you think you have an affirmative defense, don't file your answer without including it. You must list affirmative defenses in your answer because you have to give your creditor (the plaintiff) the chance to prepare a response. No "gotchas" allowed. 

The forms you receive will tell you how to deal with affirmative defenses. You'll either list them separately or include them in your paragraph-by-paragraph response. Here are some common affirmative defenses:

Statute of limitations

Every state gives creditors a limited number of years to pursue you for debt that you owe. Once that time has passed, the debt becomes time-barred. That means it's too late for creditors to win a judgment against you in court. 

This time limit might be as low as 2 years, or as long as 20 years. There are different time limits for different types of agreements (written, oral, promissory note, etc.). In most states, for most types of debt, it's 3 to 6 years.You'll want to check the rules in your state. Statutes of limitations can be tricky because making even a partial payment or a promise to pay could restart the clock. If you think that the statute of limitations might apply, don't admit to owing a debt or attempt to negotiate that debt. Do some research or consult a lawyer or debt professional. 

Fraud or identity theft

Federal law says you can't be held responsible for more than $50 in fraudulent credit card charges if you notify the credit card issuer within two days after you discover the fraud. If you're being sued for a debt you know nothing about, file a police report. Send a copy to the plaintiff and assert an identity theft defense.

Improper venue

Bill collectors can only sue you in one of two places: the county where you signed the contract for the debt or the county where you live. Anything else violates the Fair Debt Collection Practices Act (FDCPA). Understand that even if they initially get it wrong, the plaintiff will probably be allowed to refile its lawsuit in the proper place. 

Using this affirmative defense can delay your case while telling your creditor that you're not going down without a fight. And that's not a bad thing, because it might convince them to settle with you and avoid the cost of refiling and going through with a lawsuit.

Debt has been paid, settled, or discharged

You’re in the clear if you've already paid the account, settled with the creditor, or discharged the debt in a bankruptcy. Most of the time, this happens when your credit card company doesn't apply payments that you made correctly, or if it hasn't provided a full record of your payments. If a creditor pursues you for a debt that you discharged in bankruptcy, it has violated the FDCPA. In that case, you do not owe the debt and you might even be able to countersue the creditor. 

Improper service

You can't be sued if you weren't notified legally. This means different things depending on where you live. Some states require the summons to be handed directly to you by someone not connected with the case. Others allow the documents to be delivered to other people in your household, left at your door, delivered by registered mail or published in a newspaper. Even if the creditor follows the correct process, you still have a defense if the wrong person was served because you moved, or because the summons went to someone with the same or similar name. The plaintiff may choose to refile against you if your case is dismissed because of improper service. 

Step 7: Complete the form

Pay careful attention to the form and the instructions from the court. If you handwrite your responses on blank paper, for instance, you’ll need to add the caption for the case to the top of every section. (The “caption” is the blurb with the names of the parties, case number, and court. It appears on every official court document for your case.)

Before you start writing, it’s a good idea to make a few copies of the form so you don’t end up with a lot of scratch-outs and scribbles. Make sure you sign or initial your final copy everywhere it’s required. While some courts accept e-signatures, others require a “wet” signature (actual ink on paper). 

Step 8: File the answer

Once you have your final, fully-completed and signed answer, make several copies. You’ll file the original with the court, serve one copy to the plaintiff or the plaintiff’s attorney, and keep one for your records. The court may require that you file an extra copy that they can then mail back to you after it’s been date-stamped. You may have to pay court fees at this time. 

Your summons will include details about how and when to file your answer. Follow the instructions carefully to protect your rights. You may be able to file your answer with the court online, by mail or in person. You might be required to serve the plaintiff (or their attorney) in person, or you might be allowed to mail your answer. There's a “Proof of Service” section that you’ll complete, stating how and when you served them their copy.

Example timeline for responding to a summons

Here's how it might look to deal with a debt lawsuit. 

Day 0 (receiving the summons)

• Determine your deadlines and put them in your calendar.

• Read the complaint several times until you can explain who is suing you, why they're suing you and how much they want.

• If you have any questions about the process, call the court at the number listed on the document.

• Decide what you want to do—pay up, fight, or negotiate—and whether you want to hire someone or DIY.

Day 1 through 5 (research)

• Research possible affirmative defenses. That might mean looking up your state's statutes of limitations or checking your records to make sure that the debt is yours. Even if you plan to settle, having an affirmative defense might put you in a stronger position to negotiate. 

• If you decide to hire a debt resolution company or attorney, contact one or more of these professionals and ask for appointments. 

Day 5 through 10 (preparation)

• Gather any documents you need to prove your case. This might be payment records, statements, letters or other items. 

• Keep your appointments with any professionals helping you. 

Day 10 through 20 (your answer)

• You or your attorney will complete your answer, paragraph by paragraph.

• Include any affirmative defenses that you think apply.

• Make copies of everything. Perhaps by taking pictures of them with your phone or using a copy center. 

• File your response with the court at the address listed in the summons. You might want to do this in person to make sure it gets there. Take an extra copy with you and ask the clerk to stamp it "received" and date it for your records.

Address your other credit card debt

If you have other debts that someone could sue you for, it’s a good idea to address the situation before you get another summons. Getting out of debt isn’t easy or quick, but you do have options:

• Chapter 7 bankruptcy—Your enrolled debts can be wiped clean, but you could lose some assets.

• Chapter 13 bankruptcy—You may not lose any assets, but you’ll be on a 3-5 year payment plan

• Debt management plan—Pay off your debts in full in 3-5 years with guidance from a nonprofit credit counselor. You'll be expected to stop using credit during this time.

• Debt resolution— Debt resolution could help you negotiate with your creditors to accept less than the full amount you owe. You can DIY this or get help from a professional.

A debt expert can provide a free debt evaluation and help you figure out the best path forward.