Short answer: don’t ignore the papers. Find the deadline to respond on the summons, write it down, and get help before it passes. If you don’t respond, the creditor can get a default judgment and may be able to garnish your wages or freeze your bank account.
Who is suing you
It may be the bank that issued the card, or a debt buyer that bought the account after it was charged off. Debt buyers often have to prove they own the debt and how much is owed. That is one reason responding matters.
Your deadline
- New York: the summons states how many days you have to answer. It depends on how you were served, and is often 20 or 30 days.
- New Jersey: the summons states your deadline. In the Special Civil Part it is commonly 35 days from service.
Always go by the date on your own papers.
Old debts
New York gives creditors three years to sue on most consumer credit card debt, under the Consumer Credit Fairness Act. In New York, a payment does not restart that clock. New Jersey’s time limit is longer, generally six years. If your debt is older than that, it may be a defense, and an attorney should look at it.
What to do first
- Read the summons and complaint. Note the court, the plaintiff, the amount and the deadline.
- Gather what you have. Card statements, letters from collectors, any payment records.
- Respond on time. File an answer, or get help doing it.
- Look at your other cards too. One lawsuit is often the first of several. A plan for all your credit card debt can stop the next one.
How we help
Many creditors will still settle after a lawsuit is filed. We review your papers, explain your options and deadlines, and where it fits, negotiate a settlement for this card and the rest of your credit card debt in one Fresh Start Plan.
No upfront fees. We don’t get paid unless we settle. Call (888) 514-1085 or text 718-766-5193.
Results vary and are not guaranteed. This article is general information, not legal advice. Deadlines and time limits depend on your own case.