Legal Question in Business Law in Maryland

faiing to respond to a summons

What will happen if i failed to respond to a summons about a credit card bill


Asked on 8/09/07, 2:19 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: faiing to respond to a summons

If you were served with the summons and complaint by a process server, or you or someone you live with signed a postal certified mail receipt, your failure to respond will result in the eventual entry of a money judgment against you. That judgment will be put on your credit record. In addition, the judgment creditor could garnishee your bank account depending on how it's titled, or attach your wages, in order to satisfy the judgment. Also, the judgment will bear interest at the rate of 10% until paid.

If you think you don't owe the money, or the amount you're being sued for, you can contest it in court. You have to file a "Notice to Defend" if this case is filed in the District Court of Maryland--there's a form for that with the summons. Then you have to show up in court on the scheduled trial date. In between, you are entitled to get information about the debt from the creditor by serving their lawyer with interrogatories, unless it's a small claims case. A lawyer can assist you with this.

If you were sued for over $25000 the case would be in the circuit court, and the procedures are a little more complicated. You would be well advised to retain a lawyer to defend you in those circumstances.

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Answered on 8/09/07, 3:04 pm


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