It can indeed be a really unwelcome and an embarrassing situation. Getting to know that someone has sued you for the debt collection. After the shock of receiving a debt, the note has subsided, the next thing that you would think over is how to answer a summons for debt collection.
Of course, you will be able to plan it accordingly if you know a thing like that is coming up. But what about a situation where you would find that the debt collection summons has arrived all about blue. Since you are a defendant in the case, you can file a response to the complaint and respond to the lawsuit.
There are two ways of doing it. One of them would be to appoint a lawyer to do it for you, and another would be to do it yourself. If you choose the latter option, make sure that you are following all the legal formalities and stay on the right side of the law.
The caption could be dependent upon what the curt in your region specifies. Ideally, the caption would appear similar across all the courts. One corner of the document should consist of your address. Put the name of the court to which the response is directed. Next information will be about the plaintiff and defendants. You will also need to mention the case number and other details.
This is what would constitute the exact response you would want to give. If you really want to know how to answer a summons for debt collection, it is advisable to accustom yourself with the rules and guidelines that can be helpful for you in defending yourself. Your answer can depend upon three circumstances – you agree to the allegation, you deny the allegation, and you claim you do not know anything about it. The exact type of answer you would provide will be dependent on the exact status of your debt collection.
The best option would be assertive about whatever your response is. There is a range of defences you can put forth, and they include the statute of limitations, laches, payment and failure to name an essential party. You can raise any of those defences depending on the actual state of your lawsuit.
Once you have drafted the answer, print it out in three copies. You can file one of them in the concerned court, save one in your records and send the one to the attorney of the buyer.
In any case, it may be right to defend for yourself and represent yourself in the court; it may not always be a good idea. You may not be aware of the intricate legal proceedings. That is exactly why we would recommend opting for a lawyer just in case you do not think you can handle it yourself.