Legal Question in Credit and Debt Law in California

Re: Debt Collection - legal summons, what can i do.

If a law firm sent you an initial communication telling you that you have two weeks in which to settle your debt or be sued, my opinion is that this is a violation of the FDCPA and RFDCPA. Call us so we can discuss this with you.

Re: Debt Collection - legal summons, what can i do.

Go to Small Claims, and ask judge for payment plan, or tell lawfirm that is what you will do.

Joel

Re: Debt Collection - legal summons, what can i do.

If this is a consumer debt and this is the first communication from the law firm regarding the debt, you might have a claim under both federal and state fair debt collection laws. If this is a business related debt, fair debt collection laws will not apply.

California law does not allow collection agencies, law firms and assignees of claims to file small claims actions, this can only be done by the original creditor. The lawsuit may be a hollow threat. You have the right contact to the original creditor and let them know what is going on and inform them of the law firm's conduct and try to make payment arrangements

As another attorney noted, the small claims court does have the authority to order a repayment plan. Also, an attorney consultation couldn't hurt because there may be defenses to payment that you are unaware of, including the statute of limitations.