Legal Question in Credit and Debt Law in California

What are the chances of the collection attorney being able to produce proof of the debt? If I don't agree with the amount and request actual documents in my answer, will I be opening up a can of worms? If I settle before the 30 day deadline to answer, do I still have to file or does the attorney report the debt paid? Is my summons supposed to have a court date? Mine does not. Will that come after the answer is filed? I'm in L.A. county by the way.


Asked on 8/14/09, 3:32 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You are required to respond in 30 days after service -- either by answer, demurrer, or motion to strike, or a combination, unless you want a default and judgment against you. Then you'll have the opportunity to "discover" documents and answers to written interrogatories. The plaintiff has 30 days (plus 5 for mail) to send responses to you. That's when you'll find out what they have. You might also seek a "bill of particulars" which provides documents and a brief summary within a shorter time.

Read more
Answered on 8/14/09, 3:49 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California