How do I answer a summons from a credit card company? Will there be a chance the will work with me at court or is it too late?

Question Details:

Just served a summons from a cc company and need to know what info to put in the answer back. Will this go before a judge or do you usually go to mediation to try and work something out first? Trying to get a feel for what to expect.

Asked 11/10/2009 under Business | 1475 View(s) | More Legal Topics

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Business Law Answers

I am a lawyer in CT and practice in this area of the law.  first you need to file and appearance.  you can filnd the appearance form on line at the judicial website in your state of get it at the court hose. The answer to the summons/complaint should be as follows:  "defendant is without sifficient information to admit or deny the allegations and leaves the plaintiff to its proof."  the court will then schedule a court date.  however, after you file the answer you will want to call the plaintiff's lawyer and discuss a settlement.  most credit card companies will work with you even if your payments are small.  they rather get somthing than nothing.  if you can afford to obtain a lawyer to help you negotiate a deal, then i suggest spending $1500 to get the lawyer to try to save you money.

If you can't come to some time of settlement agreement, then the case will proceed in court.  There are several defenses that you can mount.  For example, the statute of limitations.  In FL, I believe, that you can only be sued for credit card debt for up to 4 years, after that the creditor is barred from legally pursuing a claim against the debtor in court.  Note:  That is 4 years from the last activity on the account.  If you made partial payments, or even agreed to do so, this can start the statute running anew. 

There are other defenses you can assert as well.  I'm providing you with a link to a site that you may find to be of help.  It is for NYC courts but the defenses should be valid in FL.  Just know that specific dates, etc. will probably differ but it will give you a good general idea as to what you can try to claim in court if if comes down to that:  http://www.nedap.org/hotline/defenses.html

Also, whether or not they can due you, they can still try to collect on the debt.  If they can't sue, you could just ignore them or, to put an end to the matter, you could try and settle with them.  If you choose the latter, find out if the claim is being made by your original creditor or a company that they hired to do this versus a new owner of the debt.  There are companies that specialize in purchasing debts; when they do so they buy such debt at pennies on the dollar.  In any settlement negotiations never offer more than 20-25% of the original amount owed.  And never agree to pay interest and penalties.

Best of luck.

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