Going to Court for Credit Card Debt - Everything You Need to Know

Edited by Hannah Locklear

It is not uncommon to fall behind in paying your credit card debt. Many people face different challenges that cause them to fail to pay their monthly credit card debt installments. The most common consequences of delayed debt payments are poor credit scores, increased interest rates, and numerous phone calls and messages from debt collectors. As a last resort, the debt collector may sue you for failing to pay a prolonged credit card debt.

However, you do not need to panic when you receive a court summons for unpaid credit card debts. Instead, these valuable insights should help you get prepared for what is to come.

Respond to a debt collection lawsuit in 15 minutes with SoloSuit.

When can you get a court summons for credit card debt?

Your credit card company will always try to follow and remind you of your pending credit card payments. However, at around four months of unsuccessful attempts, the company may decide to forward your account to a debt collecting company.

The debt collector's main role is to use all means reasonably availed by law to collect the debt. These attempts may include collection calls, letters, or discussing possible debt settlement plans.

When you ignore the collectors by not picking calls or replying to messages and letters, they may stop contacting you but instead file a lawsuit as a last resort. Unfortunately, if the court rules favor the debt collector, you will eventually have to pay up what you owe.

Use SoloSuit to respond to debt collectors and win in court.

How to respond to a credit card summons

One thing you need to know is you can't go to jail because of a credit card court summons. The credit collector would be breaking the law if they threaten you with a jail sentence. However, you will still need to do something about the summons.

Here's how to go about it.

1. Verify that you owe the debt

There is a chance that the plaintiff is likely not the original creditor you had an agreement with earlier on. Or, it could be an old debt that you may have forgotten all about. To verify the debt, you will therefore need to gather enough information about it.

The debt validation letter usually contains information such as the name of the current creditor and the amount that you supposedly owe. However, the original creditor may have sold the debt to a debt collection agency. Therefore, for verification purposes, you may request the original creditor's name and the amount supposedly owed.

Here's why you need to verify the debt:

Many errors occur as debts change hands. For example, errors with names and amounts owed. You have to be sure that your records match what the debt validation letter states.

Confirm whether the debt is still valid within the statute of the limitation. If the debt is time-barred, it means that the creditor cannot take you to court, but they may still attempt to. You may have cleared the debt, but this won't show if the creditors haven't updated their records.

Remember, depending on the state, you have between 20 and 30 days to respond to the court summon. You may as well use that time to prepare for your defense. Luckily, SoloSuit has an intelligent app that helps you create an Answer document for the lawsuit within minutes! All you need to do is answer a few questions regarding the lawsuit. Your response will then be reviewed by a legal at SoloSuit.

Protect your wages by filing a response with SoloSuit.

2. Negotiate with the debt collector

Many debt collectors are often willing to settle for an agreement instead of going through the time-consuming court processes. On the other hand, you may avoid harsh penalties that may come with a ruling in favor of the collector. If the collector wins such a case, they may be able to:

• Garnish your wages
• Effect a lien on your property
• And many more.

In some cases, if the creditor wins the suit, the court may require that you pay all that you owe, including any court and attorney fees. Therefore, it may be a good idea to agree on a debt settlement plan instead of going to court.

3. Consider retaining the services of a lawyer

If you are not sure how to go about a credit card court summons, it would be best to let a lawyer help you. Here are some reasons you may need a lawyer:

• The debt involves a lot of money, and you are not sure how to handle it.
• You have noted several mistakes in the summons, such as the debt being time-barred.
• The circumstances surrounding the credit card debt are complicated.
• You are not able to appear in court for various reasons, for example, being bedridden.

No matter the debt amount, it is always best to respond to a court summons filed against you rather than ignoring it. If you are unsure how to file an Answer, you can always use SoloSuit; it is one of the easiest and fastest ways to effectively respond to a debt collection summons.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court