Legal Question in Credit and Debt Law in California
I defaulted on a personal loan and am now being sued.
I defaulted on a personal loan and am now being sued. What do I need to do to respond? I am having trouble finding the correct forms.
2 Answers from Attorneys
Re: I defaulted on a personal loan and am now being sued.
You need to file a responsive pleading, including an answer. Some types of other responsive pleadings are demurrers and motions to strike. A demurrer would be particularly appropriate if the suit is untimely with regard to the statute of limitation (four years for a written agreement, two years for an oral agreement).
The answer is the most common response. A form answer can be found at: http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf . Bring it to the court's filing window. Pay the filing fee, and mail a copy to the attorney for the creditor. Make sure to include a proof of service in your filing. http://www.courtinfo.ca.gov/forms/fillable/pos030.pdf . Good luck!
Re: I defaulted on a personal loan and am now being sued.
Its either a demurrer, a motion to strike or an answer. Depending on the facts, taht would affect what you should file. You may want to read about this at http://www.californiadebtblog.com