How to answer a summons for breach of contract on a credit card?

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How to answer a summons for breach of contract on a credit card?

I received a summons for breach of contract on a credit card debt; the summons is from a 3rd party debt collector who purchased the debt. I disagree that I owe the 3rd party the debt and need to know how to properly answer the summons.

Asked on April 4, 2011 under Bankruptcy Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You answer it the same way as you'd answer a summons and complaint from the credit card issuer--by filing an answer, denying any facts which you deny and also stating any defenses you have. If you go online to your local or state court, you should be able to find sample or form answers, instructions, and references to the practice rules which you need to follow in anwering. (Obviously, this is all much easier if you retain a lawyer to represent you, but you can answer on your own as a pro se litigant if you want.)

Note that if the debt was itself valid--i.e. you owed the money--then a third-party can purchase the debt and sue you on it. If you already paid it off, or if you never incurred that debt, that's a diifferent story, but the fact that it's a third-party does not prevent them from pursuing you.


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