Legal Question in Credit and Debt Law in California
collections lawsuit
I am apparently being sued by a creditor- the bank listed as 'plaintiff' has no record of this lawsuit, and the lawyer named as attorney for this bank will not return my calls. The papers claim that I have 'refused to pay a debt', though I've tried to make paymet arrangements (which have been ignored). Is this lawsuit legit? And what should I do now? I cannot afford a lawyer!
2 Answers from Attorneys
Re: collections lawsuit
Go to the court and ask for a copy of the file. If there is a file, it is a real lawsuit. If you cannot afford an attorney, contact your county bar or legal aid.
Re: collections lawsuit
Usually, the attorneys would rather not talk to the defendant. If there is no contact, it's thought the defendant won't do anything, and then the plaintiff could get a default judgment and execute against wages and bank accounts. Feel free to provide me directly with more details of your lawsuit and I'll try to give you guidance.