Legal Question in Credit and Debt Law in California

A couple questions: I received a summons for credit card debt of $31,000.

the summons was forwarded to me. The Court is in Marin County. The plaintiff just left it with my private mailbox.

Is this valid? Can I ignore it?

I have no income or assets ...my wife supports us....but I don't want a judgement against me. I've been told to negotiate a settlement but how can I do this if I have no assets or income?

I don't want to declare bankruptcy, but I will if this is the best solution to reduce debt...

Bob


Asked on 11/12/09, 6:57 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It is not prudent to ignore a lawsuit. If you don't participate, the plaintiff can get a judgment against you. Once the plaintiff has a judgment, he/she/it can levy against bank accounts, wages, and record the judgment to act as a lien on property. The judgment lasts 10 years and can be renewed for another 10. So if your circumstances improve, you might regret not having done something at this point.

A Chapter 7 bankruptcy usually discharges most -- if not all -- of a debtor's financial obligations.

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Answered on 11/18/09, 8:30 pm


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