I have just received a Summons for Credit Card Debt. I would greatly appreciate assistance in understanding the following:
"You are hereby summoned and required to serve upon the plaintiff's attorney a copy of an answer to the complaint within 28 days after summons. Your answer must be filed with the Court within 3 days after the service of a copy of the answer on the plaintiff's attorney. If you fail to appear and defend, judment by default will be rendered against you for the relief demanded in the complaint."

This is for a Cap One Credit card. Amount due $3400.00 A copy of the contract was included along with past invoice.

I received the summons n 7/9/09 while gone for the week. My time is running short.

My question... No where on this summons does is say when I am to appear before court. Or how to respond with my "answer".
Should I contact the court or the Attorney. I would like to settle out of court for a lesser amount. Please advise as how to best proceed.
Your time and consideration is greatly appreciated.
Thank you in advance,

There are dozens of threads here that deal with this. A hearing is not scheduled until you file your answer. If you don't file, they get a default judgement so no hearing is needed.

If they have a copy of the contract, then you will, most likely lose. But you should still file your answer as indicated. You can check with the court to see what form the answer needfs to take, but small claims is pretty informal. A simple statement that you Intend to Defend against this suit might suffice.

Then send a copy to the plaintaiff with an offer to negotiate a settlement.

Thank you Scott for your quick response. I will contact the court to see what forms are necessary to proceed. I will update if possible. Very SCARY time, I did indeed read many of the posts regarding this matter, I'm just unsure of the legal language. Thank you again. Vera

I contacted the court and explain that I wanted to settle this debt. I was told to call the attorney (plantiff). I did so, and settle. Payment to be deducted from checking account. I asked if I needed to inform the courts, but was told by the plaintiff that the firm would cancel the debt. Do I need to Cover myself and still send this information to the county court clerk?

Do not trust the plaintiff. Make sure you get the settlement agreement in writing before you give them your checking account number. Then send a copy to the court. Asking for a dismissal.

Quote:

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Originally Posted by Vera Jones

I contacted the court and explain that I wanted to settle this debt. I was told to call the attorney (plantiff). I did so, and settle. Payment to be deducted from checking account. I asked if I needed to inform the courts, but was told by the plantiff that the firm would cancel the debt. Do I need to Cover myself and still send this information to the county court clerk?

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Whether you intend to settle is of no concern to the court. Just get the answer filed. Then negotiate settlement with the plaintiff, get that in writing, and send a copy to the court.