Legal Question in Credit and Debt Law in California

Credit Card Lawsuit - how to answer?

My wife receive a summons for a

Civil Limited Lawsuite in Los Angeles

Superior Court. Although we want to

settle, we realize that an answer

must be files with the court and

server on the plantiff.

How do we answer? I've seen

reference to www.courtinfo.ca.gov/

forms/fillable/982135.pdf but thst

just goes to a ''page not found''

error. Suit is for just over $4k


Asked on 6/15/07, 12:50 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Credit Card Lawsuit - how to answer?

http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf . Cut and paste the link into your browser's address field, rather than clicking on it, because the address could be broken into 2 parts. You might also assert defenses such as statute of limitation, amount is overstated, you don't owe the money, etc. Good luck.

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Answered on 6/15/07, 1:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Credit Card Lawsuit - how to answer?

I don't understand why people's first impulse is to find a form to fill out. First, and very importantly before contacting the people who are suing you, you need to find out if you have any legal defenses to the lawsuit. Then, if you are going to file an answer on the Judicial Council form -- which is only one of several ways of responding to the complaint -- the form needs to be filled out the correct way, or else you are wasting your time and energy (and the filing fee). The first step is to sit down with a lawyer and find out what your rights are. And don't tell me you can't afford a lawyer if you haven't called any. You can go to a legal aid organization. Nobody is so poor that they can't get an in-person consultation on a legal problem either for free, or at a reasonable cost.

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Answered on 6/15/07, 1:36 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Credit Card Lawsuit - how to answer?

You can find an answer at www.courtinfo.ca.gov/forms. You can sort all forms by name.

That being said, before you file an answer, make sure that is the right form. Sometimes you may need to file a motion to strike, a demurrer or some other document. You may want to consult with an attorney first.

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Answered on 6/15/07, 2:23 pm


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