Legal Question in Credit and Debt Law in California

What form do I need to file a written response to a Summons (citacion judicial) for a delinquent credit card?


Asked on 3/29/10, 6:15 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The summons form is misleading. Although you do have to file and serve a legal response within 30 days to prevent a default judgment, merely filling out a form is not going to be very much help to you. The first and most important step is to have the complaint looked at by a lawyer. You could have legal defenses, for example some collection agencies don't really own the debt, or they sue people past the legal time limit. If you try to fill out the form yourself without help from a trained lawyer, you could waive valid defenses. Also, depending on your total financial picture, the debt and the lawsuit could be wiped out in a bankruptcy.

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Answered on 4/04/10, 2:28 am
James Bame San Diego Law Office

A respnse may be an Answer, Demurrer.or Motion to Strike. While an Answer is the likely appropriate response and there is a form answer on California Forms, you need to allege every available affirmative defense. This office can assist you for a nonminal fee. Contact me directly.

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Answered on 4/06/10, 5:33 pm


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