The first step in consumer litigation is the summons. When a debt collector takes legal action against you, you will receive an official court document called a summons. It must be served according to state laws. The summons will explain your responsibilities and what you need to do to proceed.
As soon as you receive a summons, you must act quickly. There is a limited amount of time for you to respond. Failing to respond on time or at all can result in a judgment against you. A member of our team can help you draft an appropriate response and protect your rights.
When you respond to the summons and participate in the proceedings, you’ll have an opportunity to present your defense. Monarch Legal Group can help you craft the best defense for your situation, including:
- Expired statute of limitations, which is five years for unwritten contracts such as credit card debts and 10 years for written contracts
- Failure to credit payment
- Lack of standing
- Improper service
You’ll have only a matter of days in which to respond to the summons, and you’ll have several options, including:
- Acknowledging the debt, which will result in a summary judgment
- Settling, which will involve a negotiation to mutually agreed-upon terms
- Dismissal, which is a good option if the creditor lacks evidence or documentation
You can also defend yourself against the claims, which will result in the setting of a trial date. At the trial, you’ll have the opportunity to present your case and argue your defense.
Consumer litigation cases can be complex. Monarch Legal Group’s attorneys have extensive experience in this area of law and can help you respond to the summons, identify the best defense and get a financial fresh start. Contact us today to get started or to schedule a consultation with a member of our team.