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What form do I use to answer a summons from a debt collector?

What form do I use to answer a summons from a debt collector?

Full question:

My wife received a summons from a debt collector. I have to answer this summons. What form do I use?

Category: Debts and Credit
Date: 04/07/2025
State: North Carolina

Answer:

We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

I assume you are denying that you owe all, or part, of the debt being demanded from you. If you agree that you owe the money, you should contact the creditor and establish a payment plan. If you cannot pay your debts (assuming your debts are large), you should consult a local bankruptcy attorney and consider declaring bankruptcy to eliminate your indebtedness - though this will affect your future ability to get a loan.

If you dispute the amount owed, you do need to file an "answer" and go to court to show your evidence to the judge - if you fail to do so, a "default judgment" will probably be rendered against you. There is not a specific form to use for the answer. Make your own. Just use the same heading on the "complaint" against you (the heading includes the name of the court, the name of the (alleged) debtor, the name of the (alleged) creditor, and possibly a case number), and instead of the "Complaint" title, title it "Answer." Below the title, write up your explanation of why you owe nothing or only a part of what is claimed, and attach copies of your checks, receipts, or other evidence showing that you do not owe what is claimed. Call the court and ask if you can mail in the Answer for filing - otherwise you will have to take it to the court clerk for filing. A copy of your answer must also be mailed to the alleged creditor (their attorney) at the address given on the complaint or summons. You'll eventually receive notice of a hearing date, which you must attend and prove your case to the judge, using your documentation. Be sure to bring all your documentation to court.

If a significant amount of money is at issue here, you should consult a lawyer in order to protect your interests most fully. If you cannot afford an attorney, check this website for free or extremely reduced cost legal aid in North Carolina.

http://www.legalaidnc.org/Client/default.aspx

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to write a response to a debt summons?

To write a response to a debt summons, start by creating a document with the same heading as the summons, including the court's name, your name, the creditor's name, and possibly a case number. Title the document 'Answer.' In the body, clearly state your reasons for denying the debt or explaining any discrepancies. Attach any supporting evidence, such as receipts or payment records. Ensure you file this answer with the court and send a copy to the creditor or their attorney as indicated in the summons.

What should you not say to a debt collector?

When speaking to a debt collector, avoid admitting to the debt without verifying its accuracy. Do not provide personal financial information or make promises you cannot keep. It's also wise not to engage in arguments or emotional exchanges. Instead, request written validation of the debt and keep the conversation professional. If you feel overwhelmed, consider consulting a legal professional for guidance.

How to answer a summons from a debt collector?

To answer a summons from a debt collector, draft a document titled 'Answer' that responds to the claims made in the summons. Include the court's name, your name, the creditor's name, and any case number. Clearly state whether you deny or agree with the debt and provide reasons. File this document with the court and send a copy to the creditor or their attorney. Make sure to attend any scheduled hearings to present your case.

How do I defend myself in a debt lawsuit?

To defend yourself in a debt lawsuit, prepare an answer to the summons detailing your reasons for disputing the debt. Gather evidence to support your case, such as payment records or correspondence with the creditor. Attend the court hearing and present your evidence to the judge. You may also want to consider legal advice, especially if the amount is significant or if you feel unsure about the process.

How do you respond to being summoned?

When you receive a summons, carefully read the document to understand the claims against you. Prepare a written response, typically titled 'Answer,' addressing each claim. File this response with the court and send a copy to the opposing party. Ensure you meet any deadlines for filing and attend any scheduled court hearings to defend your position.