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How To Answer a Summons & Complaint

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Does your life seem routine, get up, go to work, come home and go to bed? Then the routine is rudely interrupted by debt collectors constantly calling you? The Fair Debt Collection Practices Act (FDCPA) which was approved in 1977 protects you from repeated collection calls and harassment. There may be times when debt collectors constantly harass you on the phone; you do not have to put up with it. You have rights thanks to the FDCPA; be sure you are aware of them!

You have been “Summons” with a “Complaint”

You knew this day was coming, you just thought it was going to be later rather than sooner. There in your hand you have a “summons” and “complaint” letter because you are being sued. This letter indicates that the plaintiff has filed a complaint against you and you are officially being summons to court. You have the right and option to contact a FDCPA lawyer to understand your rights and obligations as the defendant. It is important to utilize the lawyer as that is what they are there for.

How to respond to Debt Collection Summons

The more you read this complaint the more you realize that you are being sued by a debt collector. Yep, the one who you owe money to has now filed a claim against you. First and foremost you must answer the court in regards to the complaint. This can be done either in person at the courthouse or by letter, but it must be done quickly. Secondly, be prepared to show proof of your payments of debt if you feel you do not have any debt remaining. If there are not statements or cancelled checks indicating you paid then how can you prove that to a judge?

Stand Tall, Tell the Truth

Ok, so maybe you do owe the creditors back payments, how do you proceed to court knowing you owe back payments? Easy, go in court, stand tall and tell the truth! Once the amount of money owed is determined and proven, the judge may reduce the amount owed if he finds reason to. You already had your debt on a monthly payment and you fell behind so do not expect another payment plan. You should expect before going in the courtroom that you will be paying that bill, that day, in full. Going in with that expectation will make things seem so much better especially if the amount is reduced at all.

The FDCPA and You!

Your debt may be big or your debt may be small, all that matters is you owe money! However, debt collectors do not care about the amount of debt, just that they will collect it. Their tactics can include many forms, but with the help of the Fair Debt Collection Practices Act they cannot call and harass you anymore! If you feel you are being harassed by collectors contact the Federal Trade Commission or the Consumer Financial Protection Bureau.

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