Legal Question in Credit and Debt Law in California

Civil Court Case-Collections

I am being sued in Los Angeles County by a collections agency. I received the summons today and after visiting the court website I'm unable to determine how I'm supposed to respond.

This is a civil case under $25,000. The original contract (which I have not seen) was signed in 2002 and they claim to have received payment on the account in the last four years.

Which form do I file with the court?


Asked on 10/20/08, 2:32 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Civil Court Case-Collections

You need to file an answer. You can find the answer forms on the Judicial Council Website (search for California Judicial Council Forms) which can be filled in online. You can also look at the Legal Aid Society of Los Angeles' website - in Orange County the Legal Aid Society's website has a wizard that will walk you through filling out forms for certain types of lawsuits - I'm not sure if a collections suit is covered, but it may help. Good luck - you want to be sure to assert the affirmative defense that the statute of limitations on the debt has expired, and that the collection agent is barred from recovery.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 10/20/08, 2:43 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Civil Court Case-Collections

Do not file a form with the court yourself.

Collection agencies often sue on stale debts -- over four years old and legally uncollectible. But you have to know how to raise the issue properly, or you'll lose anyway. Please consider allowing me to handle this matter for you. I charge a low fixed fee and I have a 100% track record beating back stale debt cases like this one, and I have often recovered damages and attorney fees from the collection agencies. I have so much fun with these cases!

Remember, do not speak to the CA or its attorneys for any reason, and your legal response must be filed with the court within 30 days. Please feel free to call or write with any questions.

Read more
Answered on 10/20/08, 2:45 pm


Related Questions & Answers

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