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?
2 Answers from Attorneys
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.
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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.