Legal Question in Credit and Debt Law in California

court appearance time lapse

I recieved a summons for court on a collections issue in July of 2002. I answered the summons and the plaintif asked for a court date for after the following May 2003.I did'nt hear anything more until this August 2005. I have a master trial date for October 7 2005. I am being sued for a credit card debt of $1800.00 in superior court. From the original date of the summons til July 2005 the case was breach of contract and 4 year open book, in July I guess the law changed and now i am being sued for collections which does'nt allow a case management conference with the judge. There are a few inconsistencies in this case but as I'm an unrepresented defendant I want to go the most uncomplicated route possible. My question is ''Could this be regarded as an unreasonable time lapse as to the onset of this case and be grounds for dismissal.


Asked on 9/25/05, 5:30 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: court appearance time lapse

probably not. in fact, arbitration committees as well as courts tend to "side" with the creditors/collection agencies in matters such as yours, more often than not. not necessarily because they are "right", but because typically they have lawyers who can present and deflect arguments with greater legal skill than the layperson who often times represents him/herself because attorney fees typically would be "too high" for defense of an $1800 debt. this cries of injustice so many times, however, its the application of reality it seems. in your case, you may want to strongly consider retaining an attorney willing to negotiate your debt. meaning, its typically alot more cost effective, less time consuming than going to court over the $1800 matter, and more effective in reducing or even eliminating your debt once all the facts are presented. also, remember that often times creditors simply take you to court as an intimidation tactic in order to "scare you" into paying if you do have the money to pay. however, these creditors also know, getting a judgment against you is ALOT easier than actually collecting on it. so, once again, you may want to strongly consider retaining a negotiations attorney here. contact us directly if you need further assistance.

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Answered on 9/25/05, 6:26 pm


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