my friend was summons to credit card debt

United States
December 13, 2009 10:14pm CST
A friend of mine asked me for help on Friday, because he was served with a summon from the local court from a credit card company. Since he out of work, he was defaulted on his credit card bills. Now, the credit card decided to sue him in court. Through some research and and advise from other friends of mine, they suggested that he should respond to the summons first, otherwise, the court will decide on a defauly judgement once the specified period passed after the summons was served. So, I just wonder, where do you usually file the document they called "Answer to Complaint" to fill it out? Do you send it by mail or hand delivered to the court clerk and the credit card company? Because none of my friends have been through such situation before, they have absolutely no idea what to do next.
3 responses
@rosepedal64 (4192)
• United States
14 Dec 09
Hi clorissa Im not sure about where you are but here, we file those with the clerk. Have your friend to take the letter to the clerk and tell them that he needs to respond to the claim. If not then the judge may assume that he isnt there in the court. Also he may want to call the credit card company to comfirm the letter that he has gotten and see if anything can be done outside of courtroom. Have a good day and I wish your friend the best. Keep smiling.
• United States
14 Dec 09
We just went to the local clerk court to get the ANSWER TO COMPLAINTS, and the lady advised us to file it within 30 days after it was served. I just wonder how we suppose to answer those complaints listed on the summons? Yes, or no, or in complete sentence?
@advokatku (4037)
• Indonesia
14 Dec 09
if a case had been filed with the Court, of course as good citizens, your friend must meet call of the hearing of court and submit answers directly to the presiding judge who examined that's case, not to the clerk of court and or to credit card company
• United States
14 Dec 09
But on the summons paper, it only stated that the Answer needed to be filed with the clerk of court, nothing saying about the hearing yet. I just want to know whether the Answer document obtained from the clerk of court of on the internet?
• United States
14 Dec 09
Sorry to hear your friend in such a jam, I can relate because I am also in this jam, however they cant touch me or my money because Im disabled and on SSDI so my income is exempt. But I suggest your friend look for a lawyer that does this kind of case, there are many out there that will work "probono" (no charge) or have him try legal aid. Good luck!