We've received a summons from a credit card company concerning an outstanding debt we have with them. We are supposed to respond to their lawyer within the next week and are unsure as how to proceed. Can you help? Thank you. ...

Submitted by Pstilla on

Jurisdiction: 

Area of Law: 

Question: 

We've received a summons from a credit card company concerning an outstanding debt we have with them. We are supposed to respond to their lawyer within the next week and are unsure as how to proceed. Can you help? Thank you.

Selected Answer: 

First, read the complaint to

Submitted by elizabethcarlsen on

First, read the complaint to determine what claims the credit card company is making against you. In addition to the complaint, you will receive a summons that indicates what you need to do to defend yourself. For example, the summons will state the place and time you must appear in court. In most cases, it will be necessary to file an answer to the complaint. The answer is the written response to the claims against you stated in the complaint, and indicate your stance on the issues. To draft an answer, you should contact an attorney in your state, or visit the court’s self-help center to see an example of what an answer looks like. Some defenses must be stated in the answer or you lose the right to assert them later. In addition, failing to file an answer may result in a default judgement being entered against you and you may be found liable for the allegations contained in the complaint. After you draft an answer, you must file the answer in the same court that received the original complaint and issued the summons. You must serve the credit card company with a copy of the answer that you file. If you fail to properly serve the credit card company according to the service of process rules of the state, your answer may be thrown out by the court. The clerk of court may be able to help you with following the applicable rules to accomplish proper service of process of the answer. Answering a complaint according to the applicable laws and rules can be complicated. Therefore, you should discuss your case with an attorney as soon as possible. In addition, you can visit the Massachusetts self help court website, http://www.mass.gov/courts/selfhelp/index.html.

All Comments

First, read the complaint to

Submitted by elizabethcarlsen on

First, read the complaint to determine what claims the credit card company is making against you. In addition to the complaint, you will receive a summons that indicates what you need to do to defend yourself. For example, the summons will state the place and time you must appear in court. In most cases, it will be necessary to file an answer to the complaint. The answer is the written response to the claims against you stated in the complaint, and indicate your stance on the issues. To draft an answer, you should contact an attorney in your state, or visit the court’s self-help center to see an example of what an answer looks like. Some defenses must be stated in the answer or you lose the right to assert them later. In addition, failing to file an answer may result in a default judgement being entered against you and you may be found liable for the allegations contained in the complaint. After you draft an answer, you must file the answer in the same court that received the original complaint and issued the summons. You must serve the credit card company with a copy of the answer that you file. If you fail to properly serve the credit card company according to the service of process rules of the state, your answer may be thrown out by the court. The clerk of court may be able to help you with following the applicable rules to accomplish proper service of process of the answer. Answering a complaint according to the applicable laws and rules can be complicated. Therefore, you should discuss your case with an attorney as soon as possible. In addition, you can visit the Massachusetts self help court website, http://www.mass.gov/courts/selfhelp/index.html.