Legal Question in Credit and Debt Law in California

We had a credit card account in collection for the past few months. This morning the collection agency served us with some court paperwork saying that we have to appear in court because they want to sue us for the amount owe. The paperwork says we have 30 days from the day the paper was issued; which was the 6th of July but we just got the paper today. We are pretty much loss! We want to pay them but we can't pay all of the amount, plus we do not want to go to court. Can we settle, what should we do? Please help!!!!!!!


Asked on 7/25/09, 6:46 pm

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

You have 30 days from the date you were personally served to file and serve an answer. You may mail a copy of your answer containing a general denial and affirmative defenses to the creditor's attorney. If it's a collection agency, often they don't have all the paperwork to prove up their case. It might be worth your while to meet with an attorney in your area to go over the facts. There might also be a statute of limitation issue. You'll probably lose or be shortchanged if you try to do it yourself.

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Answered on 7/25/09, 9:04 pm


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