Legal Question in Credit and Debt Law in California

court summons on unpaid debt

I have currently recieved a summons to pay an old credit card debt. Do I really have to appear? What happens if I don't? Also it says I need to file a response on my behalf, how do I get the forms? I am not in a financial situation to hire an attorney, so I was wondering what could happen? I want to settle, but I have no way of contactinfg them. What do you suggest? Thank You.


Asked on 1/03/06, 8:11 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: court summons on unpaid debt

More information is required to properly answer your question. I an unable to tell from your post if this is a small claims lawsuit or a superior court lawsuit.

If you do not appear at the hearing (if any) or do not file the appropriate papers with the court to responde to the lawsuit, the court could enter a default judgment against you. That would negatively impact your credit rating and they could garnish your wages and use other methods to collect the judgment.

If you want to negotiate, you will need to contact the creditor or the attorney using the name & address information on the papers served on you. If you need further assistance, feel free to contact my office.

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Answered on 1/03/06, 8:20 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: court summons on unpaid debt

If you have been served a complaint/summons, the information therein should give you the contact information to the creditor suing you. You must answer or appear, or else you will face a certain default judgment against you, in which your wages can then be garnished, property sold, bank accounts levied, etc...You should DEFINITELY speak with an attorney ASAP rather than ignore the legal situation, in order to BEST preserve your rights. For a free phone consultation, and/or very affordable assistance in this matter, contact us directly.

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Answered on 1/03/06, 11:54 pm


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