How to answer a summons for breach of contract on a credit card?

UPDATED: Apr 4, 2011

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How to answer a summons for breach of contract on a credit card?

I received a summons for breach of contract on a credit card debt; the summons is from a 3rd party debt collector who purchased the debt. I disagree that I owe the 3rd party the debt and need to know how to properly answer the summons.

Asked on April 4, 2011 under Bankruptcy Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You answer it the same way as you'd answer a summons and complaint from the credit card issuer--by filing an answer, denying any facts which you deny and also stating any defenses you have. If you go online to your local or state court, you should be able to find sample or form answers, instructions, and references to the practice rules which you need to follow in anwering. (Obviously, this is all much easier if you retain a lawyer to represent you, but you can answer on your own as a pro se litigant if you want.)

Note that if the debt was itself valid--i.e. you owed the money--then a third-party can purchase the debt and sue you on it. If you already paid it off, or if you never incurred that debt, that's a diifferent story, but the fact that it's a third-party does not prevent them from pursuing you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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