Legal Question in Credit and Debt Law in California
civil citation
I received a civil citation from a credit card company. It says that if I do not file a written answer with the court who issued this citation by 9:00am on the Monday next following the expiration of ten days after I was served this citation a default judgment may be taken against me. What does this mean? Could I get thrown in jail?
3 Answers from Attorneys
Re: civil citation
It means if you don't make a written answer to the complaint by the time stated, the court will consider the complaint as true and correct, and award the credit card company a judgment against you for all the money asked in the complaint.
You will not be thrown in jail.
Re: civil citation
Without reading the papers, I can't tell you what relief the court might grant. If the credit card company has a judgment and seeks to enforce the judgment by certain methods of post judgment discovery and turnover, you could have some problems. More likely it is simply that if you do not file a correct answer within the time allowed, the court will not give you further notice of trial settings and they can present proof to the court without your being there to question it. This generally results in a judgment being rendered against you and can be followed by their taking your nonexempt property by sheriff's sale. You may wish to discuss the matter with a lawyer in the lawyer's office.
http://www.reasonable-doubt.com
Re: civil citation
No, and it sounds as if you are describing not a "civil citation," but a Summons and Complaint. After the personal service of which you are required to file and answer or some other pleading within 30 days, not 10 days. Failing to do so, will lead to the entry of your default, and a default judgment. If you were unaware of the pleadings, or if the information you received was misleading, you can ask the court to relieve you of the default, or even the judgment, which is a good idea.