This guide is for general information only and isn’t legal advice. Court rules change, and each case is unique. If you can, consult a Philippine lawyer immediately after receiving your summons.

1) First things first: what that MTC summons means

An MTC (Metropolitan/Municipal Trial Court) summons tells you that a bank or collection company has sued you for sum of money based on an alleged credit card obligation. The summons package typically includes:

The Complaint (allegations and amount claimed)
Annexes (credit card application/terms, monthly statements, demand letters, affidavits)
A directive to file an Answer within a set period (or appear on a specific hearing date for special tracks like small claims)

Do not ignore it. If you don’t respond on time, the court may render judgment based on the plaintiff’s pleadings and evidence, which can lead to wage garnishment or levy of property after judgment (via execution).

2) Identify the “track”: ordinary, summary, or small claims

Credit card suits in the MTC generally proceed under one of three procedural tracks:

Ordinary civil action (Rules 6–11): Used when the amount falls within MTC jurisdiction (exclusive of interest, damages, attorney’s fees and costs). The defendant must file a verified or unverified Answer (depending on defenses) within 30 calendar days from proper service of summons.
Cases covered by the Rule on Summary Procedure: Some collection suits below a threshold may be placed under summary procedure. Timelines are shorter, pleadings are limited, and certain motions are prohibited. The summons or an accompanying order typically says so.
Small Claims: Intended for low-value money claims. Lawyers generally cannot appear as counsel-of-record (you represent yourself, though you may consult a lawyer off-court). The summons usually states a hearing date and includes Supreme Court Small Claims Forms. A Response is filed using the official form, typically on or before the hearing. Judgment is immediately final (no appeal), though extraordinary remedies may be available in narrow circumstances.

Tip: Your summons/notice will usually state the applicable track and your exact next steps. Thresholds (e.g., for small claims) and MTC jurisdictional amounts have been updated over time; rely on the amounts and directions stated in your summons and current rules noted there.

3) Compute your deadline correctly

Ordinary actions: 30 calendar days from service of summons to file your Answer.
If the last day falls on a Saturday, Sunday, or legal holiday, deadline moves to the next working day.
A reasonable, one-time extension to file Answer may be granted for good cause (discretionary). File a Motion for Extension before your deadline lapses.
Small claims: Follow the hearing date and filing instructions in the summons (use the official Response form).
Keep proof of service dates (e.g., registry receipts, courier/email logs) and the envelope if mailed—these can matter if deadlines are disputed.

4) Checklist: what to do the moment you’re served

Read everything in the packet. Note the branch, docket number, and plaintiff’s counsel.
Calendar your deadline (or hearing date for small claims).
Assess the track (ordinary/summary/small claims).
Gather documents: card application, card terms, billing statements, emails, texts with the bank, receipts, proof of payments, chargeback records, dispute letters, demand letters you received/sent, ID of the person served, and the outer envelope if by mail/courier.
Decide your approach:
- Defend (e.g., dispute amount/interest/charges/identity of creditor/service of summons), and file the required pleading on time;
- Negotiate (settlement/restructure) in parallel—negotiations do not stop the court clock;
- Consider small-claims form Response if that’s your track.
Prepare and file your Answer/Response, and serve copies on the plaintiff’s counsel by the mode required (often email plus another mode), before the deadline.

5) Drafting your Answer (ordinary/summary procedure)

A solid Answer has four parts:

A. Caption and admissions/denials

Specifically admit, deny, or claim lack of knowledge of each material allegation.
Use specific denials. General denials are weak and may be treated as admissions.
If plaintiff attached documents (e.g., statements), say whether you received/agree/dispute them and why (e.g., incorrect amounts, fees not agreed, payments not credited).

B. Defenses (negative and affirmative) Common defenses in credit card suits include:

Improper service of summons / lack of jurisdiction over the person (preserve at the earliest opportunity; a general appearance can cure defects)
Improper venue (should be raised promptly)
Failure to state a cause of action (e.g., complaint lacks essential allegations)
Lack of privity / wrong party plaintiff (e.g., assignee not properly pleaded; missing assignment documents)
Defective or insufficient evidence (e.g., unauthenticated business records; absence of competent proof of terms or transactions attributable to you)
Disputed interest and fees (unconscionable rates/charges; penalties subject to reduction under the Civil Code; improper compounding)
Payments not credited / erroneous computation
Fraud/identity theft/unauthorized transactions (attach dispute records/affidavits and reports)
Prescription (time-bar; depends on the nature of the action/contract and accrual date)
Violation of consumer/financial rules (harassing collection practices; lack of transparency)
Novation/settlement (prior restructuring/compromise not reflected)

C. Counterclaims

Compulsory counterclaims (arising from the same transaction) must be raised now or they’re barred.
Permissive counterclaims may require filing fees; verify before filing.

D. Prayer and reliefs

Dismissal, reduction/recomputation, attorney’s fees/costs, and other just and equitable reliefs.

Verification and Certificate of Non-Forum Shopping

If you assert counterclaims, attach a properly signed and dated Verification and Certification. Use the name in the complaint and ensure ID consistency.

Service and proof of service

Serve the Answer on opposing counsel via the required modes (often email and courier/personal). Attach a Proof of Service spelling out the details (email time stamp, addresses, tracking numbers).

6) Special notes for Small Claims

Use the official Small Claims Response form; attach supporting documents (receipts, screenshots, statements).
Bring originals of key documents to the hearing.
No lawyers as counsel-of-record; the judge will facilitate a speedy, informal process.
Settlement is encouraged on the spot; otherwise, the court usually decides the same day or shortly after.
Judgment is final and unappealable; only extraordinary relief (e.g., Rule 65 petitions) may be pursued for grave abuse of discretion.

7) Evidence issues common in credit card cases

Business records (statements, ledgers, card agreements) typically require a competent witness or proper authentication (e.g., custodian’s affidavit) to be given weight.
Card agreements and amendments: Banks often rely on standard terms; demand proof you received/assented to rate changes and fees.
Interest & penalties: Courts may reduce unconscionable rates or penalty charges. Even with the usury ceiling lifted, unconscionability remains a judicial check.
Assignments/collectors: If a third-party collector sues, they must show valid assignment and standing. Mere collection letters aren’t enough.
Disputed transactions: Show prompt dispute notices, chargeback outcomes, and police reports if applicable (for fraud).

8) Settlement, mediation, and restructuring

Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) are common in MTC civil cases (not in small claims).
You can negotiate with the bank/assignee at any time. Put any deal in writing (amount, schedule, waiver/release language, dismissal terms).
Be careful with confessions of judgment or blank post-dated checks.
Ask for full recomputation and waiver of punitive charges as part of settlement.

9) If you miss the deadline or lose the case

If you failed to Answer on time in an ordinary case, the court may render judgment based on the pleadings and plaintiff’s evidence.
You may file a Motion for Reconsideration or New Trial within the reglementary period after receiving the judgment.
In limited situations, a Petition for Relief from Judgment may be available within strict time limits (e.g., due to fraud, accident, mistake, or excusable negligence).
After judgment becomes final, the plaintiff can seek execution (garnish bank accounts/wages or levy non-exempt property). You may:
- Seek to quash improper writs
- Claim exempt property/wage portions
- Satisfy the judgment via negotiated lump-sum or structured payoff

10) Service of summons and preserving objections

Personal service is the rule; substituted service requires showing due diligence (e.g., multiple attempts at different times) and proper documentation.
Service by mail/courier/electronic may be allowed under the Rules and court orders.
If service was defective, raise it immediately as an affirmative defense (or via appropriate motion as allowed).
Voluntary appearance (e.g., filing an Answer seeking affirmative relief without objecting) submits you to jurisdiction and can waive defects in service.

11) Venue, amounts, and where cases are filed

Venue for personal actions (like collection) is typically where the plaintiff or defendant resides, or as stipulated in a valid venue clause.
Whether your case is in MTC (vs. RTC) depends on the principal claim amount exclusive of interest, damages, fees, and costs.
Small claims have their own monetary ceiling that has been revised upward over time. Your summons will state if your case was filed as small claims.

12) Your rights against abusive collection

Philippine law and regulations prohibit harassment, threats, shaming, or contacting your employer/co-workers without lawful basis.
Keep records of abusive calls/texts/visits. You may raise these as counterclaims and/or report to the appropriate regulators (e.g., Bangko Sentral ng Pilipinas, SEC, or the National Privacy Commission) depending on the entity and conduct.
Legitimate collectors should identify themselves, state the amount claimed and creditor, and respect reasonable hours and privacy.

13) Practical drafting tips (ordinary/summary cases)

Use a clean, numbered paragraph format mirroring the Complaint’s paragraph numbers for your denials.
Attach key documents (payments, computation, correspondence).
If you dispute computations, include a recomputation table (principal, legitimate interest, payments applied).
Don’t admit items you’re not sure about. Use “lack of knowledge or information sufficient to form a belief” when appropriate.
End with a precise prayer (dismissal; in the alternative, reduction and recomputation; costs; other just relief).

14) Skeleton templates

A) Motion for Extension to File Answer (one-page model)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT/MUNICIPAL TRIAL COURT IN CITIES
[Exact Court], [City/Province]
Branch __

[PLAINTIFF],
   Plaintiff,
                                     Civil Case No. ______
vs.
[DEFENDANT],
   Defendant.
x--------------------------------x

MOTION FOR EXTENSION TO FILE ANSWER

Defendant, by special appearance (if raising service defects), respectfully moves for 
a [__]-day extension from [current deadline: ______] to file Answer, citing good cause:
[e.g., recent receipt of records, need to obtain counsel, medical/work constraints].
This is not intended for delay; no previous extension has been sought/granted.

[Prayer]

[Date, City]

[Signature, Name, Address, Email, Tel]
[Proof of Service per rules]

B) Answer (condensed outline)

CAPTION

ANSWER

1. SPECIFIC DENIALS/ADMISSIONS: Respond to paragraphs 1–__ of the Complaint.

2. AFFIRMATIVE DEFENSES:
   2.1 Lack/defect of service; lack of jurisdiction over the person (raised at first instance).
   2.2 Improper venue.
   2.3 Failure to state a cause of action.
   2.4 No standing/defective assignment.
   2.5 Unconscionable interest/penalties; erroneous computation; payments not credited.
   2.6 Prescription/other defenses.

3. COUNTERCLAIMS (if any)

PRAYER

[Date, City]
[Signature block]
[Verification/Certification, if required; Proof of Service]

C) Small Claims Response (conceptual notes)

Use the official Supreme Court form included with the summons or available from the clerk’s office.
Attach copies of supporting documents; bring originals to the hearing.
State whether you admit, deny, or partially admit the claim and propose a payment plan if settling.

15) Strategy tips

Defend and negotiate at the same time. Filing a timely Answer preserves your rights while you explore settlement.
Be data-driven: Recreate the account ledger (starting principal, interest you actually agreed to, payments by date, late fees).
Mind prohibited motions. In summary/small-claims tracks, certain motions (e.g., to dismiss, for bill of particulars) are barred. Use affirmative defenses and the court’s built-in screening.
Preserve objections (service, venue, evidence). Raise them immediately to avoid waiver.
Attend all settings (pre-trial, CAM/JDR, hearings). Non-appearance can lead to adverse orders or dismissal of your counterclaims.
Keep receipts for every filing/serving step.

16) Frequently asked questions

Q: Can I settle after I file an Answer? Yes. Submit a compromise agreement for court approval. Once approved, it becomes a judgment on compromise.

Q: What if a third-party collector sued me instead of the bank? They must prove assignment and their authority to sue. Ask for the Deed of Assignment and account-level schedules.

Q: Are interest caps fixed? Statutory usury ceilings were lifted, but courts strike down or reduce unconscionable rates/penalties. Argue unconscionability with computation and context.

Q: Is a demand letter required before suit? Depends on the contract and nature of default. Many credit card agreements have acceleration clauses. Still, lack of prior demand can matter for interest claims and damages—raise it if helpful.

Q: What if I never applied for this card? Assert identity theft/fraud. Attach affidavits, ID theft reports, and dispute records. Ask for application copies, delivery receipts, and usage logs.

17) One-page action plan (tear-off)

Date of service: ______ → Deadline: ______
Track: Ordinary ☐ Summary ☐ Small Claims ☐
Key defenses to raise: __________________________
Documents to attach: ____________________________
Negotiation point person: _______________________
Next court date/time: ___________________________

Final word

Your two biggest risks are (1) missing the deadline and (2) admitting more than you must. File something timely (Answer/Response or a well-grounded Motion for Extension), preserve your defenses, and pursue a documented settlement if it makes economic sense.