Legal Question in Credit and Debt Law in California

In essence, the receipt of the summons and complaint means he's being sued. He has 30 days from the date he was served (handed the documents) to file with the court a legally appropriate answer, and have a third party (you?) complete the proof of service and mail a copy to plaintiff's attorney. Your father might have some defenses, including the running of the statute of limitation. The courts have a filing fee waiver program for people with limited income. Otherwise, it might cost around $200 to file his answer with the court.

Although he only receives social security, if a creditor should obtain a judgment, it could levy against his bank account until he goes to court to explain why it might be exempt. So, often it's good to be proactive rather than inactive.

You might check with a senior center in your area. It might offer free or reduced rate legal clinics to assist your father.

I agree with counsel above - a "legal aid society" or public law center in your county might also be helpful. If they get a judgment, you might also be able to stop garnishment of a bank account by showing the proceeds are just from social security benefits. You'd have to file for a hearing on the levy....

If your Dad has a lot of debt, he may just want to do a Ch. 7 and wipe out all debts. that way, at some point, even his estate will not be liable to any creditors.

Good Luck and good job looking out for your Dad

DISCLAIMER

The answer above is intended for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship.