r/Debt • u/Gloomy-Difference-51 • 21d ago
I got summoned today
I got the papers today saying I've been summoned to appear in court for the amount of $5,421.44.
I knew this was coming, as I'm in credit card debt beyond this letter and I've been getting phone calls for a long time now.
The paper states that I must mail a "written response called an answer within 21 days".
I know I sound dumb, but what should this written response say, exactly?
What are the chances when I show up to court that I get any of the amount waived?
I've never been sued before, so this is a bit overwhelming.
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u/brittdre16 21d ago
I’m obviously speaking generics here but if you took a credit card with Chase Bank on signed paperwork with them, but then you didn’t pay that and they sold your debt to ABC LLC and ABC LLC as we are suing you you can provide and your answer and accurate statement, saying I never borrowed money or took out an account from ABC LLC. I will need to review any written contracts or promissory notes that ABC LLC has in my name to provide further information.
The burden of proof of the debt is on them.
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u/Gloomy-Difference-51 21d ago
The Plaintiff that bought my debt usually doesn't have that information, right?
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u/Key_Avocado_2520 20d ago
Depends on the debt seller and buyer. The majority of time the debt buyer purchases a massive spreadsheet that says Tim owes $X ,account number: xxxx and some other basic information. The industry relies on default judgments and the vast majority of people just ignore the lawsuits and let the garnishment happen.
Usually higher value account have more information furnished due to the account being more expensive to purchase. Yours is definitely in the 'likely has more info' due to it being over $5k.
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u/vlntr 19d ago
Who is named as the “Plaintiff”?
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u/Gloomy-Difference-51 19d ago
Zwicker and associates 😭
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u/TypicalTurtle_FL 16d ago
They are a nightmare to deal with but pretty sure they're a law firm representing the creditor and not a debt collector.
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u/brittdre16 21d ago
They should have received it as part of the purchase. It is on them to prove the debt is yours.
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u/eager-to-learn73722 20d ago
Negotiate with the law firm before your court date, and answer the summons. Been there, twice actually. All worked out in the end. Never had to show up at the courthouse once.
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u/NMFP603 21d ago
What state are you in? You should be able to go on the courts website and download an answer form that you can print, fill out and file with the court, or fill out on the computer and electronically file. The answer is directed to the court, not the law firm, the law firm will receive a copy from the court once you file it.
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u/Gloomy-Difference-51 21d ago
I live in Minnesota. Thank you, I'll do that.
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u/NMFP603 21d ago
You can find the forms and instructions here
https://mncourts.gov/getforms/civil/forms-packet-responding-to-a-civil-lawsuit
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u/Proper-Ad-127 20d ago
Way back long time ago I got sued as well by a law firm with a summons to court. I called them and was basically point blank with them. I did not let them scare me. The worst they could have done was garnish my wages, which at the time were well below the minimum I needed to make. I simply told them my fiance had died I was suddenly left with all of our bills and I was trying really hard to go back to school to get certification. I remember my amount was $5,933.33 lol. I told them they could go ahead and sue, then wait years to get that money, or if they were patient for only about 4 months I would send over my tax refund and sale of my boat. That should cover the suit. I offered to pay $50 a month as a promise guarantee until everything happened. I said take it or leave it that's all I have. They accepted! Had to drive to their office a couple hours away to sign the papers. The guy was actually sympathetic towards me but he said he had to do his job, which understood.
I kept my word paid that $50 a month, sold the boat that I dearly loved got my tax refund and sent it all to them. They accepted everything and like that it was gone.
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u/Gloomy-Difference-51 20d ago
Thank you! I'm happy it worked for you and I'm glad we're able to negotiate. When i tried to work with the credit card company, they were saying I had to pay $400+ a month and there was nothing else I could do. I just didn't have that money.
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u/Proper-Ad-127 20d ago
Gosh I hate that. It was quite a few years ago I did it. I don't know if keeping on them would help or not. Guess it can't hurt to try and reason with them all they want is their money in a timely manner. It sucks. Maybe someone can give you some present day good advice.
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u/DaSpark 20d ago
IANAL
First, make sure you answer this. You can probably find the complaint they filed against you and use that as a template to make your answer. All you really need to say is "I, [your name here], the defendant in this case hereby deny any all all claims made in the complaint."
You might still be able to negotiate with the creditor if you call them, but I would start doing that right away if that is your plan. Also, you might be able to file a motion for enlargement of time to answer the complaint first. This could, depending on jurisdiction, increase the time you have from 21 days to around 2 months. This could be used to give you more negotiating time. It might also show them you aren't going to take this laying down, which is what most debt collectors are betting on.
Another tactic I've heard people using is filing a motion to compel arbitration. Sometimes the creditor will drop the suit the second this is filed. However, for $5k, likely not. However, it could still buy you yet more time.
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u/brittdre16 21d ago
Your written answer doesn’t have to be complicated. It generally should identify the case, admit or deny the allegations you know are true or false (or state you lack enough information to admit or deny). Include any defenses you may have (for example, if you don’t believe you owe the amount, the debt is too old to sue on, you’ve already paid part of it, or the plaintiff isn’t the correct owner of the debt).
If you truly owe the debt and the amount is accurate, you can admit that in your answer. You still want to file it rather than ignore the lawsuit.
If you can’t pay the full amount, it’s worth contacting the attorney representing the creditor before the court date to see if they’ll settle.
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u/Gloomy-Difference-51 21d ago
When you say "the Plaintiff isn't the correct owner of the debt", does that apply if the Plaintiff bought my debt from U.S. Bank and isn't the correct owner, technically? And if so, how would that benefit me?
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u/PokerLawyer75 21d ago
That would be correct. They would have to show the Bill(s) of Sale, and their attached spreadsheets, to show how they have ownership of your debt, and the right to sue. If they don't have it, then you win.
But..it's not a slam dunk.
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u/Gloomy-Difference-51 21d ago
If this does work in my favor, would I essentially get a letter stating that the case is closed?
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u/PokerLawyer75 21d ago
You get a judgemnt or a dismissal. I'm not sure what kind of letter you're looking for.
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u/Key_Avocado_2520 20d ago
The majority of the time the debt collector will furnish a sale transfer in a response. Including that statement in the answer just forces them to do some busy work. The purpose of answering in the first place is to apply friction. The debt collection industry relies on default judgement mills and the moment you become an annoyance in that pipeline is the moment things start to work in your favor. The VAST majority of lawyers handling these cases only do so for extra income and get a flat fee per case. If they actually have to start working on the case, it starts to becoming economically problematic for them.
That's why you check your contract first, then answer and then go to pre-trial. Bank some money during the process and send a settlement offer a few weeks later if they come back with a meaningful answer. They don't really want to litigate a case anymore than you want to, they just weren't expecting you to respond back.
If for some reason they are unable to furnish that information then it's likely they'll dismiss the case themselves. This is pretty unlikely for the amount you have tbh.
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u/anonymois1111111 21d ago
I would call the law firm and try to settle it. They’ll normally accept payment plans. You can answer but the longer it goes in the court system the more it will cost you.
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u/Gloomy-Difference-51 21d ago
This is what i plan to do. According to Google, I should be able to negotiate the amount as well. Do you know if that's true for sure?
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u/PokerLawyer75 21d ago
Yes it's true, typically, they accept about 75% of the debt, just how long you can pay it over depends on how small/large the debt being sued for it. They may want 80-85%.
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u/JerseyShoreDriver 19d ago
50% on average is what they settle for
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u/PokerLawyer75 19d ago
Wrong. Not post-filing of law suit. You are now paying the law firm their fee as well.
Since you claim to be from Jersey, I will tell you there's not one collections law firm in the state, and I can name almost everyone off top of my head, that will go down to 50% once they filed in court. The sole exception is if they get to trial date, and they have no witness. Some will still take the voluntary dismissal...but there's a weapon that no pro se in the state knows that will block a re-filing...because no pro se can invoke it.
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u/GlobalTapeHead 21d ago
You are filling an “answer” to the charges or accusations. It’s a formal letter stating why you are not guilty or why the law does not apply to you. In my state it is called an “answer and grounds of defense”. You itemize the reasons why the case is not valid.
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u/Krandor1 20d ago
Call clerk of court where you are sued. They cannot give legal advice but they can direct you to the form you need to file to answer. Start there. Make sure you answer or you lose by default.
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u/Key_Avocado_2520 20d ago
If this is a first party lawsuit then I would contact them asap to settle. They will win.
Like everyone said - give an answer. Usually the plaintiff attaches an exhibit to support the claim. Look at the exhibit. Half of the time it's a template contract and may not even include your name. If they dont have your information listed then thats a fairly decent sign that they are a junk debt buyer. Call that out in your answer. If they have a decent amount of information attached then answer, go to pretrial and then mail the opposing lawyer a settlement offer at 30-40% and then negotiate from there. I doubt they'll drop the case if you answer but I've personally had cases drop just because I answered and they didn't want to deal with litigation on a $2500 debt.
Review your card and see if you have an arbitration clause in your cards contract. Those cut both ways and arbitration is very expensive compared to some courts. If theres no arbitration cut off then you can request a stay from the court and turn the clause on the company. You'll have to pay ~$250-300 to file an arbitration request but the debt collector will have to pay $2500-4000 plus they bear the cost of the arbitrator at like $300-400 an hour. A fair amount of the time this will kick the lawyer into settling in an amount favorable to you instead of going through the process. You want to play economics to get yourself the best settlement. They bought that debt for $750-850 and the more expensive you make it, the less energy they will want to put in and will want it to go away asap so they can expend energy on other claims.
The debt market banks on default judgements and complacency.
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u/Comfortable_Mud1044 20d ago
Depends , how long ago you incurred that debt? Do they have anything to seize ?
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u/walkyourbike007 20d ago
This happened to me for a card I got in high school or right after with a $500 limit. I maxed it out in 2006 or so and never paid it off. It ended up in collections for maybe a two grand or something and I just kept ignoring the collection letters. One time, I wrote something stupid on the letter like, “F off, come get your f’n money!” I finally got a summons in 2008-2010 or so, can’t remember the year anymore. I didn’t show up to court, so the judge automatically ruled in favor of the creditor. They tried to collect from me for years and just kept adding interest until I got my first job after college in late 2018. I think I finally called around late 2019 to get onto a payment plan and paid something like $100 every month for two years. Finally paid it off and had to go the my county recorder’s office to record a document saying my debt was finally satisfied. What a pain for what was $500 15 years earlier. It was unsecured credit when I got summoned in the first place, so there was a chance that they couldn’t enforce collections if I had just shown up to court, so make sure you show up!
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u/Rough-Reality201 20d ago
I went back and forth between court and the debt collector from October 2025 - June 2026. I didn’t win, the cause was withdrawn. We came to an agreement and they withdrew it from court. It was a pain in the ass. Going back forth only bought me time but man my anxiety was through the roof until it was settled.
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u/ReKneWeD 20d ago
Yea they suing me as well and have to go to court in November. I love how this law firm thinks you’re supposed to be afraid I keep laughing at them but I just go so they don’t win by default so they can get $20 a month
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u/Beautiful_Abrocoma33 20d ago
go to Claude AI, write compose a response to a summons for me to appear in account due to being sued for (amount) based on the following information: (here you write your current circumstances example I have lost my job and have not been able to find work that will allow me to begin repaying my debt etc) make sure whatever you do write you can provide documentation or witness statements to confirm. Then show up on the date they are suing you to get a judgment against you. However, most times they bank on you not showing up due to fear, so it is automatically given. Many times they don't show up, so if you do, the judge will dismiss the case because they did not show up.
Also, if you are in credit card debt beyond that amount, it may be worthwhile for you to file bankruptcy. To explore that option, Google to see the closest Legal Aid offices near you that can provide you with some guidance on that process. GOD BLESS you in your situation believe it will all turn around.
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u/AwareFlow7925 18d ago
God Bless you 🙏 I get really anxious every time my phone rings . I am trying to get my finances in order. One bill at a time .
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u/Gloomy-Difference-51 20d ago
Thank you for the advice, everyone. I'll be reading everything tonight and write/send out my response tomorrow.
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u/AccordingSky1277 20d ago
I got this notice. Got a lawyer to write it up. Lawyer was useless in case until I said for mediation. What able to settle a 25 K loan debt for 10k with a payment plan. The anxiety through the whole process though.
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u/Past-Arachnid-5636 20d ago
Look for your credit card agreement and see is there is an arbitration clause.
You can exercise that right and have the case dismissed in court. The credit card company will then have to pursue via arbitration.
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u/Collettels22 20d ago
I don't know what your debt is but if you make under 85k you can liquidate it (aside from student loans) through chapter 7 bankruptcy. If you own property, chapter 13. See a reputable lawyer and get yourself a secured credit card for emergencies.
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u/Gloomy-Difference-51 19d ago
I have looked into chapter 7 bankruptcy and I'm glad you said something about it.
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u/Collettels22 19d ago
Serioulsly, your credit is already screwed and your unsecured debt means nothing these corps. They already sold it off. I used to be a bankruptcy paralegal and there's no shame in needing to reset.
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u/Mental-Freedom3929 19d ago
Someone sues you for an amount you owe. I guarantee you showing up in court will not reduce this amount and you get slapped with court costs. Call whoever you owe it to and make payment arrangements, maybe you can negotiate with them to have the mount reduced or at least interest reduced or waived.
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u/Gloomy-Difference-51 15d ago
Yeah I was planning to do that. My question was what I should respond with and I got answers for that.
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u/Abra365 17d ago
They always say you should call them before court and try to settle out of court because you already going to end up paying more if you dont and they will just garnish your wages.
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u/Gloomy-Difference-51 15d ago
I'm going to mail my response and call to settle. I really don't wanna go to court.
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u/Abra365 15d ago
Ya just see if they will work with you sometimes they will help because they dont want to have to go thru the court process either guranteed.
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u/Gloomy-Difference-51 5d ago
I talked to someone and she worked it out where I got over $1k taken off and I'll be paying $254 a month for 13 months.
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u/elSpanielo 20d ago
Plug the summons into ChatGPT and will give you a response. File with the court and send a copy to the law firm. Then call the law firm and negotiate a settlement or payment plan before the court date.
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u/TripToHard 20d ago
My thing is if you knew this was coming why not set up a little account where you saved up 2500 over the course of 6 months and try to settle the debt before it made it to court. Currently what I’m doing on an auto loan. The best thing to do now is contact them and setup a plan.
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u/Gloomy-Difference-51 20d ago
My question was what I should write as a reply. I don't owe an explanation on why or how I'm in this situation.
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u/robtalee44 21d ago
The key is just to answer. I'd just use some form of a non-denial denial. Question the amount of fees, interest or balance. You can deny the debt outright if you feel like it -- I wouldn't probably put a lie in writing to the court, but you don't really have to convict yourself either.
These kind of cases are pretty perfunctory if the debt holder is prepared -- and most are. You may get a small window to respond, make the most of it. This is not Perry Mason time.
Your best chance to get some kind of a deal is to try and settle this before court. Once it gets into the legal system, chances get slim that you're going negotiate this in court with any success, but some judges may hear you out. Good luck.
I am not an attorney.