Where can I find a sample letter of how to respond to a court summons for a debt collection agency?

Get Legal Help Today

 Secured with SHA-256 Encryption

Where can I find a sample letter of how to respond to a court summons for a debt collection agency?

In MA.

Asked on February 21, 2011 under Bankruptcy Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you need to do is to file an "answer" to the summons and what should be the complaint (sometimes they are on the same piece of paper in these type of transactions).  Generally speaking if you are "pro se" meaning that you are acting as your own attorney, the court clerks in the place where you need to file the answer will help you with the paperwork.  They have the forms.  What you need to do is to make sure that you add certain things known as "affirmative defenses" to the Answer.  First, how were you served with the paperwork?  If you were not properly served then put in an affirmative defense of "lack of personal jurisdiction."  Has the debt been paid?  Then you can write  "accord and satisfaction."   If it is not your debt then write " the defendant is not a proper party to the action." You are entitled to what is known as validation of the debt, meaning a copy of the original contract, a copy of all transactions on the account and proof that the agency collecting can do so for the original creditor.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption