Being served with a summons for credit card debt can be alarming, especially if you’re unsure what it means or how to respond. But ignoring it won’t make the problem go away—it can lead to a default judgment, wage garnishment, or worse.
In this guide, we’ll break down how to respond to a debt summons step by step—and provide you with a free sample answer to get started.
What Is a Summons for Credit Card Debt?
A summons is a legal notice informing you that a creditor or debt collector has filed a lawsuit against you for unpaid credit card debt. It’s typically delivered with a complaint, which outlines:
- The amount you allegedly owe
- The name of the creditor or collection agency
- A deadline by which you must respond (usually 20–30 days)
Failing to respond in time allows the creditor to win the case by default—even if the debt is inaccurate or legally uncollectible.
Why You Must Respond to a Debt Summons
Responding to a summons gives you the opportunity to:
- Challenge the debt amount or creditor’s claim
- Avoid a default judgment
- Protect your income and assets
- Potentially settle or dismiss the case
Even if you know the debt is valid, responding allows you to negotiate or ask the court for a payment plan.
How to File an Answer to a Summons
Here’s a simple step-by-step process to respond:
1. Read the Summons Carefully
Look for:
- The court deadline to respond
- The case number
- The creditor or plaintiff’s name
- Any attachments (such as the complaint or affidavits)
2. Draft Your Answer
Your written response should include:
- A caption (your name, the plaintiff’s name, case number, court name)
- Admissions or denials of each claim listed
- Any defenses you want to raise
- Your signature and contact information
3. Raise Common Defenses (if applicable)
Some common defenses to consider:
- The debt is not yours (mistaken identity)
- The debt is beyond the statute of limitations
- You’ve already paid the debt
- The amount is incorrect or inflated
- The creditor has no proof of the original agreement
Note: You must be honest. Don’t raise a defense unless you believe it’s true.
4. File the Answer with the Court
Submit the answer before the deadline by:
- Hand-delivering to the court clerk
- Mailing (with certified mail and return receipt)
- Following your state’s e-filing system (if available)
5. Serve the Plaintiff
Send a copy of your answer to the plaintiff or their attorney using the method required by your state (usually certified mail).
[Your Name]
[Your Address]
[City, State, Zip Code]
[Phone Number]
IN THE [Name of Court]
[Plaintiff’s Name], Plaintiff
v.
[Your Name], Defendant
Case No: [XXXXXX]
ANSWER TO COMPLAINT
- Defendant admits the allegations in paragraph 1.
- Defendant denies the allegations in paragraph 2.
- Defendant is without sufficient information to admit or deny paragraph 3 and therefore denies.
AFFIRMATIVE DEFENSES
- The debt is beyond the statute of limitations.
- Plaintiff has failed to provide documentation of the alleged debt.
- Defendant requests proof of original contract and accounting history.
WHEREFORE, Defendant requests the Court to dismiss the complaint and grant any other relief deemed just and proper.
Date: [Month, Day, Year]
[Your Signature]
[Your Printed Name]
Sample Answer to Summons for Credit Card Debt
This is a simplified example. Always check your local court rules or speak to an attorney.
What Happens After You File Your Answer?
Once you file, the court process continues. The next steps may include:
- Pre-trial motions
- Settlement discussions
- Court hearings or trial
At this stage, you may want to consider:
- Hiring a lawyer (even for limited advice)
- Contacting a nonprofit credit counselor
- Negotiating a settlement directly with the creditor
Tips to Protect Yourself from Credit Card Lawsuits
- Keep Records – Save all correspondence, bills, and payment history.
- Know Your Rights – Under the FDCPA (Fair Debt Collection Practices Act), debt collectors must follow strict rules.
- Act Fast – Never ignore legal documents. Delay reduces your options.
- Don’t Admit Liability Without Proof – Ask for validation of the debt before making payments or agreements.
Want to get ahead of your finances this year? Explore our 2025 Budgeting & Saving Guide for practical, step-by-step money strategies.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws vary by state. For legal help, contact a licensed attorney or legal aid service in your area.
Final Thoughts
Facing a debt lawsuit is stressful—but it doesn’t have to ruin your finances. Responding properly to a summons can protect your rights, open the door to settlement, or even get the case dismissed. Use the sample answer above as a starting point and act quickly to take control of your financial situation.