Legal Question in Credit and Debt Law in California
What happens after you answer a summons?
I was served a summons today. Capital One is suing me for a total of about $2500 (including legal fees & court costs) for an account that I don't even remember having. I am going to answer the summons within the required 30 days but what should I include and what happens after the attorneys receive my answer?
2 Answers from Attorneys
Re: What happens after you answer a summons?
You shouldn't file anything until you have had someone review the complaint. There may be defects in the complaint that would resolve it immediately.
If you decide to file an answer, you must serve it on the other attorney. He will then serve discovery on you and the legal process will begin. This is not really a DIY area of the law, but if you choose to pursue it, then you should find any books you can on handling lawsuits by yourself. If you want some free information, look at my website, www.californiadebtblog.com
Re: What happens after you answer a summons?
If your last payment on the account was more than exactly four years prior to the date of filing, then you need to aggressively defend the case on the grounds the statute of limitations has expired. In such an instance filling out the answer form, or contacting the plaintiff's attorney, without the benefit professional legal advice could be a very costly mistake.
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