Legal Question in Credit and Debt Law in California

my husband did a voluntary repo of his vehicle last year due to financial hardship. We then received a notice from Chrysler Financial that the vehicle had been auctioned and that there was an outstanding balance on the loan of approximately $6k. We advised them of our financial situation and did not hear back until my husband received a summons about 2 weeks ago. He is being sued for the $6k plus interest and legal fees in a "limited civil case" requiring a response by the end of this month. We have no idea how to proceed. The website given for help has been less than helpful. We don't even know how or where to reply to this summons. It's very overwhelming. Please advise. Thank you.


Asked on 5/24/10, 12:02 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

In response to a collections lawsuit such as this, you have to file a response within 30 days of being served with the Summons and Complaint. There are many possible responses to the complaint, including but not limited to a Demurrer, a Motion to Quash or an Answer. You can also file a cross-complaint against Chrysler Financial if you have grounds to do so. Unfortunately, with many options to respond, it is not possible to give you a "stock" answer that says "do this." You need someone to review the pleadings you have been served with (Summons and Complaint), review the facts of the situation, and guide you through the appropriate response. Alternatively, you can do some research in your local law library about how to respond to a collections law suit. The most common response is an answer with affirmative defenses. That will prevent the case from going to an immediate default judgment. For forms, you can go to the California Judicial Council's website. While your best option is to hire an attorney to represent you, I fully understand that your financial situation might preclude that. You can hire, at a minimum, a paralegal or document drafting service to properly prepare your response. It gets filed, and the filing fee paid at the Court listed on the Summons (has an address, etc...). Good luck - this is a very tough time for everyone, and this can be, as you indicated, very overwhelming.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 5/25/10, 4:16 pm


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