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
3 Answers from Attorneys
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.
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.
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.