How do you respond to a summons for debt?
Sarah Duran
Here’s how to respond to a court summons for credit card debt:
- Don’t ignore it. If you do this, the court will simply rule in the issuer or debt collector’s favor.
- Try to work things out.
- Answer the summons.
- Consult an attorney.
- Go to court.
- Respond to the ruling.
How long does a summons last for?
Under the Rules of the Superior Courts, a Summons (the document that initiates legal proceedings) remains in force for a 12-month period from the day it is issued1. If the Summons is not served on the defendant(s) within that 12-month period, it expires and cannot then be validly served.
What happens if a court summons is ignored?
If you are given a summons in a civil lawsuit and you don’t reply or go to the court on the assigned day the other person points out to the court that you are not interested in the case. The jury will have to take a default judgement against you.
When to respond to a debt collection summons?
After a time, the collection agency is likely to file a complaint and mail you a summons to appear in court. The debt collection summons will typically say that you must file a response within 30 days.
How long do you have to respond to a summons?
Sometimes, a Summons is not accompanied by a Complaint, but rather a notice to appear. In this case, you can respond by filing a notice of appearance, which is often accompanied by a demand for a complaint. The opposing party then has 20 days to produce a complaint, and if they fail to a motion to dismiss can be made.
What to do if you receive a civil court summons?
If you’ve only received a summons, and have not received a complaint, you typically still need to file a notice of appearance along with a demand for a complaint. These forms will be available at the clerk’s office of the court that issued the summons. Research the law for the case.
Can a summons be accompanied by a complaint?
Sometimes, a Summons is not accompanied by a Complaint, but rather a notice to appear. In this case, you can respond by filing a notice of appearance, which is often accompanied by a demand for a complaint.