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How to Go to Court for Credit Card Debt

How to Go to Court for Credit Card Debt PhotoDealing with a credit card debt can be bothersome. That is why it’s highly advisable to try to fix everything through negotiation. However if, the situation is at its worse, expect to receive a complaint from the creditor. Expect that the next days will be agonizing.

Despite that, you should still stand firm and composed. It’s also wise to learn how you should go about the complaint. Read along and learn how you can settle your credit card debt in a less stressful way.

Study the summon well

Once you receive a summon or complaint, consider it as a sign that you’ll be dealing with a lawsuit. Nevertheless, you should stay calm. Read and study the summon carefully. Be sure that you understand everything and don’t react hysterically to statements that are unreal if there is any.

You should also determine the given deadline of which your answer should be submitted. In most cases, people are given 20 days to one month to answer back.

Hire a lawyer

Whether or not the complaint sounds confusing, it’s a must to hire a reputable lawyer. He will help you through the entire court proceeding and will ensure that your rights will be in tacked.

The lawyer you’ll hire should be someone who knows a lot about debts. As much as possible, he should have experienced defending someone who has a similar case as yours. Checking the American Bar Association can be of considerable help towards finding a legit and experienced lawyer.

Answer the complaint

At this point, it’s your time to deliberate your thoughts. Tell the lawyer about your case and show him the summon you received. Tell him what you want to answer and he will help you write it down in a formal way. Keep in mind that you’re dealing with a complaint; thus, you have to be careful with your words.

You should also ensure that your answer is clear. You only have two choices – to admit or deny the allegations.

You should also include affirmative defenses to show the court that you have the right to abstain from paying the debt.

File your response

Once your answer is complete, you will file it to your court clerk. Worry not, because your lawyer will be with you throughout the entire process. You might also have to pay certain fees that are required when filing.

Don’t forget to send copies of your answer to the complainant. This will inform him that you have already answered and that he should also prepare for the proceeding.

The court proceeding days

At this point, you and the lawyer should be well-prepared because the court proceeding will begin in a couple of days. These days will be stressful, thus better get an extra dose of strength to keep yourself calm and firm of your standing in the case.

Whether or not the accusations are true, you still have the right to speak your words.

It is a fact that people can be stuck behind bars because of a debt. Nevertheless, that doesn’t mean you have to fear if you’ll receive summon. There are tons of options for you to try and this set of tips is one of the best options. Instead of running and hiding, simply face the accusation and be spared from any further complaints.