Have You Received A Legal Summons?

If you are served legal documents on one of your enrolled credit cards, DO NOT WAIT to speak to a Client Services representative but quickly fax or scan and email any necessary paperwork direct to your Client Services representative.

Legal documents are usually TIME SENSITIVE and in many cases require a response within 20 days of receipt. It has been my experience that clients sometimes do not fully understand the time sensitive nature of filing an answer. While your agent or representative will make every effort to ensure a smooth experience your support throughout the process paramount.

You have the option of submitting the Response to the appropriate court. Please be aware that by submitting a Response, you are putting yourself at risk for further litigation. Your debt settlement representative may advise you to file a Response to your Summons and Complaint; it extends the litigation allowing the negotiator and yourself time to settle the account.

Common strategies for settlement include:

a. Member has funds available for a settlement

b. Member needs time to accumulate for lump sum settlement

c. Member needs time to accumulate for settlement with down payment and balance paid off in xyz months

d. Member can only afford payments on a longterm settlement

Please be aware that you also have the option of not submitting a written Response to the court. However, by not submitting this Response you risk the adjudication of a Default Judgment against you, and other subsequent adverse actions such as wage garnishment.

After an Answer has been filed, you may then be ordered to attend a court hearing/trial, in which the presiding Judge will determine your case on its merits. I strongly advise you attend all ordered court hearings; failing to do so may result in a judgment against you or, in some circumstances, the judge may hold you in contempt for failing to appear.

Should you choose to submit a Response, please heed the following instructions:

(1) File Answer at the Courthouse listed on the Summons. There may be a filing fee. You may want to call the Court to see what the fee is.

(2) Have an individual, who is not named in the suit; fill out the “Certificate of Service” by dating, signing and printing their name on the “Certificate of Service.” This individual must then mail a copy of the “Answer” to the Plaintiff or Plaintiff’s counsel to the address listed. You cannot mail a copy of the “Answer” to the Plaintiff or Plaintiff’s Counsel yourself. It must be someone who is not named in the suit. It can be a family member, friend or anyone over the age of 18.

(3) Take the Answer, Certificate of Service and a copy of each to the Clerk’s window at the Courthouse and tell the Clerk you want to file an Answer to a Complaint. The Court Clerk will stamp both sets of documents. If you did not make a copy of the documents, the Court Clerk may or may not make one for you. Please fax a copy to our offices.

Dealing with credit card debt is no laughing matter. If you are struggling with surmounting debt, don’t allow your present situation to influence your thinking or your decision making. There are many situations when if you have a plan and the determination you can systematically tackle your debt and get it behind you. Or, you may consider hiring a professional service with the staff and experience.

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