[FL] How do I respond to a credit card debt collection lawsuit summons?

FL Legal (General)

Clay G., Esq.

5,260 satisfied customers

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Let's break down what you need to do to respond to the summons:

Understand the Summons
- The summons requires you to file an "Answer" with the court within 20 days. This is your opportunity to respond to the allegations in the complaint.
Drafting Your Answer
- Your "Answer" should address each point made in the complaint. You can admit, deny, or state that you lack sufficient information to admit or deny each allegation.
- Include any defenses you might have, such as payment already made or incorrect amount claimed.
Filing the Answer
- Once drafted, you'll need to file your Answer with the court. Make sure to keep a copy for your records.
- You can usually file in person at the courthouse or sometimes online, depending on the court's procedures.
Serving the Plaintiff's Attorney
- After filing, you must send a copy of your Answer to the attorney representing the bank. This is typically done via certified mail to ensure there's proof of delivery.
Consider Legal Assistance
- Given the complexity and potential consequences, it might be beneficial to consult with a local attorney who can help ensure your response is properly prepared and filed.
Explore Settlement Options
- If possible, consider negotiating a settlement with the bank's attorney. This could potentially stop the lawsuit if an agreement is reached. (FL Stat § 673.3111)

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Hello, I got disconnected before I could speak to the attorney regarding a summons for credit card debt. I already paid.

Lexi, Chatbot

I understand how stressful it can be to deal with a summons for credit card debt, especially after you've already made a payment. Can you tell me when you received the summons?

Last night between 6pm and 7pm.

Lexi, Chatbot

Have you already provided proof of payment to the creditor or the court?

No.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your credit card debt summons.

No.

Clay G., Esq.

Hello! I am Clay, an attorney with several years’ experience, and I will be assisting you with your question today.

Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you!

Clay G., Esq.

I understand you received a summons and complaint for unpaid credit card debt. Is that correct?

Yes.

Clay G., Esq.

Ok, thank you for confirming that. Do you agree that you owe the debt that is described in the complaint?

Yes.

Clay G., Esq.

Alright. In that case, you might want to contact the plaintiff (the company that filed the complaint, or the company's lawyer listed on the complaint) and offer to pay the debt in exchange for them dismissing their lawsuit.

Just be sure to do that right away. If you haven't come to an agreement before your response to the complaint is due, then you'll need to file a response with the court.

The debt is $12,000, and I do not have it. When I realized I could not make payment, I contacted the bank. On the summons, it says I must file an answer in 20 days with court and the attorney, this is Florida Palm Beach County.

The debt is mine. I'm married, they served it to my husband not me, my husband and I are divorcing. I do not want him to have his assets garnished. We don't own a property and I don't know that it is safe to deal with the attorney for bank. What if they lie? I'm really scared. I'd been sick, so hard to reason.

Could you please advise how I do as summons asked? To make answer to court and I'm to send copy to attorney for bank? I don't know how to do.

Clay G., Esq.

I understand this is a really stressful situation, especially with everything else going on. Who is named as the defendant in the lawsuit—is it you, your husband, or both?

Me, not my husband.

Clay G., Esq.

Ah, I see. So you are named on the complaint and summons, but they served it on your husband?

It was never my intention not to pay the card debt.

Clay G., Esq.

I understand you're feeling overwhelmed, but I'm here to help you through this.

Clay G., Esq.

Let's break down what you need to do to respond to the summons:

Understand the Summons
- The summons requires you to file an "Answer" with the court within 20 days. This is your opportunity to respond to the allegations in the complaint.
Drafting Your Answer
- Your "Answer" should address each point made in the complaint. You can admit, deny, or state that you lack sufficient information to admit or deny each allegation.
- Include any defenses you might have, such as payment already made or incorrect amount claimed.
Filing the Answer
- Once drafted, you'll need to file your Answer with the court. Make sure to keep a copy for your records.
- You can usually file in person at the courthouse or sometimes online, depending on the court's procedures.
Serving the Plaintiff's Attorney
- After filing, you must send a copy of your Answer to the attorney representing the bank. This is typically done via certified mail to ensure there's proof of delivery.
Consider Legal Assistance
- Given the complexity and potential consequences, it might be beneficial to consult with a local attorney who can help ensure your response is properly prepared and filed.
Explore Settlement Options
- If possible, consider negotiating a settlement with the bank's attorney. This could potentially stop the lawsuit if an agreement is reached. (FL Stat § 673.3111)

Also, there is no court date, and I don’t know what my written answer to the court should say.

Clay G., Esq.

Since we're not allowed to provide legal advice here (we can only answer general legal questions), I can't tell you exactly what you should say in your answer. However, in general, you would need to admit or deny each allegation in the complaint, and/or present any defenses you might have. Examples of defenses could be if you already made part of the payment or if the statute of limitations period had already expired on the debt.

If at all possible, it would be highly advisable to hire an attorney to represent you in negotiating a settlement and/or defending the lawsuit.

Ok. Thank you. I was going to look up legal aid but it said it may take awhile for someone to help as they are backed up and I have 20 days. I cannot afford an attorney or I probably wouldn't be in this situation.

Clay G., Esq.

You may also want to contact the plaintiff's attorney before the deadline to discuss the possibility of settlement that would allow you to repay the debt in installments.

Ok. Before the 20 days? If they agree and I can make installments, then they may put a hold on the lawsuit?

Clay G., Esq.

Yes. You would ask them to agree to dismiss the lawsuit in exchange for a payment agreement with you.

Ok. Thank you for your time. I'll let you get back to your day.

Clay G., Esq.

You're very welcome. Good luck. It was my pleasure to assist you. Have a great day!

Clay G., Esq.

5,260 satisfied customers

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