Proper Response to Summons

[Treefrog]

My question involves collection proceedings in the State of: Tennessee

Family member received summons over credit card debt; I want to make sure we know what to do next. From online research am I correct in that we need to answer this complaint within 30 days, rather than just show up at the court date and present any defense there?

About all the complaint states is the plaintiff's name, court date, and statement "For suit on a sworn account..." (with amounts & court costs). I read somewhere that we need to answer the complaint line by line, but there isn't much to answer here. Do we need to present our evidence (SOL appears to be expired, debt total incorrect, etc.), or just (generally) deny the suit, and present the details later? Is there a form or pattern we can follow to make this response?

We're attempting to verify the SOL date, as the original account doesn't appear on the credit report (collection account does), by contacting the original creditor. Is it still appropriate to contact the current creditor or legal office, or do we risk admitting something we shouldn't by doing so. Given an elderly defendant with only SS/SSI income and who lives with me, I don't know what they hope to accomplish with this suit - so any chance we could get them to just drop it?

Thank You for any help provided.

[OhMy]

My question involves collection proceedings in the State of: Tennessee

Family member received summons over credit card debt; I want to make sure we know what to do next. From online research am I correct in that we need to answer this complaint within 30 days, rather than just show up at the court date and present any defense there?

About all the complaint states is the plaintiff's name, court date, and statement "For suit on a sworn account..." (with amounts & court costs). I read somewhere that we need to answer the complaint line by line, but there isn't much to answer here. Do we need to present our evidence (SOL appears to be expired, debt total incorrect, etc.), or just (generally) deny the suit, and present the details later? Is there a form or pattern we can follow to make this response?

We're attempting to verify the SOL date, as the original account doesn't appear on the credit report (collection account does), by contacting the original creditor. Is it still appropriate to contact the current creditor or legal office, or do we risk admitting something we shouldn't by doing so. Given an elderly defendant with only SS/SSI income and who lives with me, I don't know what they hope to accomplish with this suit - so any chance we could get them to just drop it?

Thank You for any help provided.

You have to be very careful. Many times they ask for a summary judgment, meaning that you have no defense as it is a consumer credit transaction. You can try to handle this on your own, however, I suggest you hire an attorney to look this over for you and see exactly what is involved.

They usually do not drop these kinds of cases, you may think you have no assets, however, they look for things they may be able to attach to besides just money. If they have gone this far, I doubt they will drop the case at this point.

[Betty3]

The summons does have to be answered in the time limit allowed or they will get a default judgment against the debtor. (your family member)

There should be instructions on how to answer the summons - answer the questions truthfully - answers might just be agree or deny. If there is a defense, your family member would add that (ie SOL has elapsed, not sure valid debt, etc.) The court clerk can help with answering a summons. (how to answer) However, they cannot tell you *what* to answer. They can't give legal advice.

If the debt is valid & the SOL has not elapsed, the plaintiff's attorney can be contacted before going to court to see if a settlement can be reached - possibly for a lesser amount and/or payment plan.

If they would get a judgment against your family member & all their assets/income is exempt from seizure, then there will be nothing for the creditor to get, at this time anyway.