Debt Collection Summons

A debt collection summons is usually the last trick in the bag. If you have received a summons, chances are you have previously received several reminder statements and payment notices that went unanswered. Understand that there are plenty of options to get credit card debt help if you have received a summons.

It can sometimes take up to six months of non-payment for a creditor to have a collection agency issue a summons. Unfortunately the arrival of this little piece of paper means your creditor is serious about extracting the amount owed. If you have received a summons, you may want to consider debt settlement if you cannot pay the balance off in full.

What is a Debt Collection Summons?

A debt collection summons is a legal notice issued on behalf of the creditor which gives details of where the transaction in question took place and the amount owed and demands the debtor answer within the time stipulated.

What are the Important Parts of the Summons?

Opening an official debt collection summons can feel like a blow to the stomach, especially if you have been avoiding the prior notices, but you should take this document seriously.

The very top of the summons states in plain English that you are not to throw it away because it is a court document. This is followed by some stern statements about the consequences of not appearing in court, which include placing a lien on your property and damage to your credit report.

Of course you should double check the name of the creditor and the amount to make sure the claim is valid. Assuming you do in fact owe the sum in question you should check where the claim is registered, because you will need to go there to speak to a clerk in order to make an appointment to go before a judge.

You should take note of the index number on the summons. This identifies your case in court. If you need copies of documents filed in your case you can give the clerk the index number and they will be provided for you.

You are usually given 20 days to respond to summons within your state of residency and up to 30 if the summons is issued out of state.

How To Handle Inaccurate Information On A Summons

You should always file an answer to a debt collection summons. The consequence of ignoring a summons, even if you believe it is a mistake, is a default judgment. This means that your non-appearance is taken as consent to pay the amount owed and possibly even their legal fees. This will be recorded on your credit report and may stay there for up to seven years.

It is much better to appear before the court and try to negotiate a payment plan. If you can prove that you are unable to make the payment in full it is best to walk in with some proof to that effect.

A debt collection summons does not have to be the end of the world, although it should serve as a good wake-up call. Debt management should be taken seriously because it can have very serious consequences when handled incorrectly.