Appropriate response to court summons over credit card debt

[Wemmick1860]

What is the name of your state (only U.S. law)? Colorado

I was recently served with a summons to either appear in court or submit an answer form to the complaint. This is regarding a credit card debt that has been sold to a collections agency. I was under the impression that matters concerning unsecured credit card debt could not be pursued through the courts.

What are the possible outcomes of this action and what would be the best way for me to respond? The answer form that came with the summons has a list of my possible responses, the first of which is that I don't owe for the following reasons, with an area for short answer. Can I just say that this is regarding an unsecured credit card debt and there is no legal basis for this summons? Will this collections agency be allowed to garnish my wages?

 

[diy4law]

When you receive a court summons, it's basically a notice that your creditor is suing you. If they sue you and get a judgment against you they can attach your property, bank accounts and even garnish your wages. The only way to protect yourself against this is to file Chapter 7 bankruptcy. A Chapter 7 bankruptcy will wipe out this debt in entirety and all your other unsecured bills. You can't contest the charge of it doesn't belong to you but in most cases there is no way around it.

 

[Zigner]

When you receive a court summons, it's basically a notice that your creditor is suing you. If they sue you and get a judgment against you they can attach your property, bank accounts and even garnish your wages. The only way to protect yourself against this is to file Chapter 7 bankruptcy. A Chapter 7 bankruptcy will wipe out this debt in entirety and all your other unsecured bills. You can't contest the charge of it doesn't belong to you but in most cases there is no way around it.

Balderdash. That is not the only way to protect against levies or garnishments. Nor can you even say if it's appropriate for this OP.

 

[TigerD]

I was under the impression that matters concerning unsecured credit card debt could not be pursued through the courts.

You are wrong.

What are the possible outcomes of this action and what would be the best way for me to respond?

If they are awarded the judgment, they can seize and sell all non-exempt property, levy bank accounts and garnish wages.

The answer form that came with the summons has a list of my possible responses, the first of which is that I don't owe for the following reasons, with an area for short answer. Can I just say that this is regarding an unsecured credit card debt and there is no legal basis for this summons?

No, you need a valid defense.

Will this collections agency be allowed to garnish my wages?

Not until after the judgment is awarded.

You need to answer the summons or write a check.
DC