Q: How do I answer a summons from a lawyer representing a collection agency that bought a charged off credit card debt,
When you receive a summons from a lawyer representing a collection agency for a charged-off credit card debt, it's important to respond promptly. The summons will include a complaint, which outlines the allegations against you, and a deadline by which you must respond – typically 30 days from the date of service.
Your response, called an "Answer," should address each point raised in the complaint. In this document, you can agree or disagree with the allegations, or state that you don't have enough information to agree or disagree. It's crucial to be truthful in your response. If there are valid reasons why you believe you do not owe the debt, or the amount claimed is incorrect, you should state these in your Answer.
You must file the Answer with the court and serve a copy to the lawyer representing the collection agency. Failing to respond can result in a default judgment against you, which may lead to wage garnishment, bank levies, or other legal actions to collect the debt.
Given the complexity and potential consequences, consider seeking legal advice. An attorney can help you understand your rights, craft a response, and explore any defenses you might have, such as the statute of limitations or mistaken identity.
There are many potential responses including motions, answers with affirmative defenses, negotiating settlement and or a counter lawsuit.
Consult with experienced debt collection defense attorneys in the state where this occurred.
A: The short reply is that an answer or motion is a common response. But there is no universal cookbook response that's best for all possible situations. It could be worth considering the investment of a consult with a debt collection defense attorney to review the papers you were served with and the account. Good luck
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