Legal Question in Credit and Debt Law in California
Is form PLD-C-010 the only way to answer a limited civil suit? Cost $205 to file and I have 30 days. My husband was served last week by a debt collection attorney for a wickes crdt card debt we stopped paying middle of last year. If it was a joint account, why is it off my credit and closed but still open on his? He is the only one on the summons. Can I request to appear for him? Also, can a debt validation be requested on the PLD form? If it was small claims I would not have to pay to answer right? So because they do more than the limit for a year it goes to limited civil...and I have to pay to answer them or face a default judgment? Can I return merchandise in lieu of payment? Thanks
1 Answer from Attorneys
1. No, you can prepare your answer without the use of any form if you know how to properly do it.
2. Even were a debt is on a joint account, both parties are liable to the creditor who can sue one or both persons on the account. As to why your credit report shows something different than your husbands, there is really no way of knowing.
3. No, you cannot request to appear on your husband's behalf; only your husband or an attorney can appear on your husband's behalf.
4. No, you cannot request "a debt validation" on the Answer form.
5. The plaintiff has the right to chose it's forum (i.e. whether to file in small claims or in limited civil), If the creditor does more than the number of small claims allowed within a year, it has no choice but to file in limited or unlimited civil and, unfortunately, you are stuck paying the filing fee.
6. Probably not because you would have to get the creditor to agree to allow you to return merchandise in lieu of money.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
