A credit card subpoena is a legal document that summons the recipient to appear in court for an unpaid credit card debt. The complaint attached to the subpoena defines the nature of the case and requests payment. Responding to the complaint and appearing in court is important to avoid default judgment and negotiate a payment plan. Legal aid is available for those who cannot afford a lawyer.
A credit card subpoena is a type of legal subpoena in a civil case. The writ indicates that a credit card company or collection agency filed a civil suit to collect an unpaid credit card debt. The document itself “summons” the recipient to appear in court and answer the case.
A county sheriff’s deputy or process server serves the credit card summons in person. A copy of the “complaint” presented to the court is attached to the summons. The complaint is a document that defines the nature of the case. List the parties to the action and state the reasons why the lawsuit was filed. It also contains a “prayer for relief,” requesting that the court issue a ruling ordering payment of credit card debt.
Usually, the complaint will contain a series of numbered “allegations.” The paragraphs contain descriptions of who the parties are, what the case is about, and why the credit card company owes money. It may also contain a brief statement about attempts to collect the debt.
Anyone receiving a credit card subpoena and claim should consult an attorney if possible. If it is not possible to hire a lawyer, legal aid offices offer advice and assistance to people who cannot afford a lawyer. When legal advice is not available, a person can present a pro se response, “on his own behalf”.
The answer can be typed on a personal computer, typewriter or written by hand. The important thing is to respond to the complaint. You can usually respond to each paragraph of the complaint by admitting or denying that the information in the paragraph is true. If there is uncertainty about the answer, stating that the information is neither admitted nor denied can serve as an answer.
The credit card citation will contain the date and time for you to appear in court in response to the complaint. The time in which to do so may vary from jurisdiction to jurisdiction in the United States. It is very important to appear in court on the scheduled date. If you are not present on the court date, the judge may issue a “default judgment”. Essentially, the credit card company will be granted the requested relief and a judgment will be issued for the amount that the credit card company claims is owed.
Another benefit of responding to the complaint and appearing in court is that it provides an opportunity to meet with the attorney of the credit card company or collection agency. It is also an opportunity to explain any circumstances as to why the debt has not been paid. This could result in a “resolution” of the case by setting up a payment plan.
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