Legal Question in Credit and Debt Law in California

Credit debt summons

I owe 2500 to a creditor from a credit card i had two years ago that I have not paid on. They sent a summons to an old address of mine (The current occupant told me about the summons) and currently live out of state (washington). My two Questions are: can they legally mail a summons to you in california (how do they know that you ever received it????) and where do I go from this point considering I just moved and have no employment at this time. Can I get in trouble if I don't respond to the summons being that I am not even in the state I was summoned in.....basically what do I do since I have no money, am in a lot of debt, and don't want to deal with any court situations. Thank you for your help.


Asked on 10/06/08, 8:00 pm

2 Answers from Attorneys
Jonathan Cohen

Re: Credit debt summons

I would suggest not taking action until they sue you in ca; they must sue you where you live to get jurisdiction over you. Any default judgment against you in wa will have little effect and they must start a lawsuit against you where you live.

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Answered on 10/06/08, 9:05 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Credit debt summons

I guess I'm confused where you live. If outside of California, California allows service of a lawsuit by certified-return receipt mail to an out-of-state defendant. You can refuse to sign for the mail, however.

I agree with my colleague with the same last night to the extent that they have to serve you properly. You might check the court's website to keep up on developments in the lawsuit.

If it's credit card debt, attorneys' fees and interest add up. A judgment against you would be good for 10 years and can be renewed. Once you get back on your feet, they could levy against your wages and bank account, once they have a judgment.

Your remedies once you're properly served -- try to arrange a payment plan with the attorney after you answer the lawsuit. If that's not even in the cards, you might even consider bankruptcy, since you are "in a lot of debt" and you're not working.

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Answered on 10/06/08, 9:12 pm


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