Legal Question in Credit and Debt Law in California

Confused about Summons - Please Help!

I have one week left to respond to a Summons regarding a credit card debt. I have done the following:

-gone to the courthouse to find out what ''form'' or ''typewritten letter'' I should fill out, no help there.

-searched blogs, websites, forums - lots of information, but I can't be sure they are the right answers for California.

In this forum, I found an excellent posting leading me to the Answer Form. However, my the complaint demands more than $1000, and I do not agree that the Statement's complaints are true.

Order of events:

-starting receiving calls, never answered, cross-referenced number and voice mails left

-after finding the mailing address, I used the case number from voice mail and sent a Debt Validation letter.

-no response

-one bill from agency, then Summons

-Summons was improperly filled out: I was not provided proof of service, and page one was not filled out (person served), it was given to my roommate.

-Complaint is not signed by Plaintiff

-I believe statute of limitation has run, but can't be sure. They failed to provide me with the proper documentation.

I would like to have this complaint dismissed..what do I do?

Please help, I'm running out of time.


Asked on 10/22/08, 2:37 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Confused about Summons - Please Help!

You claim you want help, but so far you haven't done the Really Obvious Thing -- picking up your telephone and calling an attorney!!

Please do not make your attorney do everything at the last minute. Call today and make an appointment so that the attorney has time to do his or her best work in responding to the papers you received.

Please do not attempt to do this yourself. You are likely to lose the case and wind up owing some collection agency money they never would have got otherwise.

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Answered on 10/22/08, 2:49 am
Joel Selik www.SelikLaw.com

Re: Confused about Summons - Please Help!

File an Answer and Affirmative Defenses.

If the complaint is not verified you can do a general denial

See answer here: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

General Denial here, alphabetically under GENERAL DENIAL: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

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Answered on 10/22/08, 9:30 am


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