So, you’ve made it this far without the stress of dealing with collections agency harassment? Nevertheless, there is a Fair Debt Collection Practices Act that will protect you once unfair tactics arise. But what if out of nowhere, someone knocks on your door and aggressively asks to collect your debt or gives you the summons for your debt?
Don’t freak out.
In general, receiving a summons for credit card debt means you’re at least 180 days behind on payment. It will be quite rare if a creditor will sue at such an early stage, but there will be such times. The right response is the key here. With that being said, here are the steps you should and should not take when responding to court summons for credit card debt:
Never Ignore This Matter
If you think ignoring a will make the summons go away, then you are wrong. Instead, you should try to work things out immediately. The best move is to call the creditor and explain that you’re willing to pay. However, because of your current situation, it’s not just the full amount. Try to strike out a deal with him/her in order to avoid going to court. But avoid making payment until an agreement has come into place.
Answer the Summons with an Attorney
If by chance you can’t come to an agreement with the collection agency, you should still answer the summons. Bear this in mind, you need to respond to every paragraph in the complaint that you’ve received. This indictment may have a number of claims about your debt, in which you must agree, disagree, or partially agree. When you disagree, you need to write out an explanation. It would be a good idea to talk to an attorney before giving your written response. Assert an affirmative defense on this matter.
You Might Need to Go to Court
When the credit card company or collections agency brings the claim against you, don’t forget to ask for proof. If they don’t have all the proper documentation, then the court may reject their claim.
What Should You Do Next If the Court Decision Doesn’t Come Your Way?
A good option is to try to settle once more the debt. You could contest the ruling. Or you could just comply and pay the amount you owe. You could also declare bankruptcy, but that’s the last resort.
By no means, are we encouraging or advocating anyone to not pay your debt. There are provisions in the law, specifically in the Fair Debt Collection Practices Act that we earlier mentioned. This statute will protect you with a certain period of time before any legal action can be taken.
Whatever decisions you make about defending against a debt collection lawsuit, remember that your financial history continues to develop your entire life. We fair debt collection practices act at Rosenberg Musso & Weiner L.L.P will help you negotiate a settlement based on a repayment plan of your convenience. Although we cannot guarantee a win-win solution, we will see to it that you’ll be well-represented in court.