Legal Question in Credit and Debt Law in California

Nobody can answer this question accurately, as credit card lenders use a lot of factors to decide when they will file a lawsuit. I have seen them file as soon as three months in default, and as far out as 12-18 months from default. There really is no way to know when they will file suit.

Yes, once they file and serve you with the lawsuit, if you do nothing, they can obtain a default judgment. If you file a response to the lawsuit, they at least have to take the case to trial (or attempt to obtain judgment on Summary Judgment). During that time, you can attempt to negotiate a settlement with the attorney handling the matter. It would be better to settle it rather than have them obtain a judgment and then proceed to collect it with levies, garnishment, etc...

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