What Is A Debt Collection Summons?

In the event that a customer who has gone seriously delinquent way beyond the payment date, its time you let them know that you mean serious business! Sending a debt collection summons is the final step towards notifying a debtor to pay off his past due account(s) or face more serious consequences. This follows after you've sent a number of statements, reminder notices and phone calls which haven't satisfied the delinquency.

Once the payment due date is well past and you are under the impression that the debtor has every intention of not paying, then it is time to send a debt collection summons. As a part of this process, you could initiate a series of collection letters, or even pay direct visits to the debtor.

In spite of all these measures if the payment remains due after 2 months, then the account is generally transferred to a debt collection agency. The collection agency follows its own procedures and as the last resort takes legal steps after consultation with the creditor.

If you choose to send a debt collection summons to a debtor, you are communicating that you have every intention of collecting from the debtor. It is important to mention that you need to have your own internal debt collection procedures in place, in order to consistently follow up on and give a strong foundation to the debt collection summons you've just sent.

If your subsequent collection efforts are inconsistent and spotty, you'll weaken the effectiveness of the summons.

Most of the time debt collection summons are filed or drafted by trained attorneys. There is a set format which has to be filled in with particular information on certified legal paper. Each of these summons comprise a few general and mandatory important parts. As a collector you should have a good idea of what you are filling in and what instructions are being given on your behalf.

What Comprises A Debt Collection Summons?

There are 6 parts in a debt collection summons:

1. The top most part consists of an alert about the character and importance of the notice. It clearly states that the debtor is being served notice of pending further action because of the unpaid debt, and is a notice regarding details.

2. The second part consists of the name of the court under a certain jurisdiction, the name of the plaintiff, or name of the collector, or the collection agency, and the name of the defendant or the name of the debtor.

3. The third part of summons is usually the most important part. It provides the creditor with details of the grounds on which the debtor has been sued with the date, time and place of the first appearance for the proceeding. It also explains the gravity of the situation by stating the consequence of the absence of the debtor at the given time and place – the judgment will be taken in favor of the plaintiff, if no response is made from the defendant.

4. This section of the debt recovery summons provides a deadline for a response from the defendant and for filing a legal ‘answer in person’.

5. This is another important section consisting of the essential index number of the particular case in the courthouse. Both the debtor and the collector need this number for any future reference.

6. The last part of the debt collection summons usually provides the contact details of the plaintiff or the collector.