Legal Question in Credit and Debt Law in California

You have to file an Answer to the Complaint. The Summons is not what you're responding to, as it's really just an order ordering you to go to court. The Complaint contains the factual allegations of what the creditor is alleging against you.

On a contract lawsuit like this, what would be your defense to not paying? Your wife's bankruptcy discharge prevents them from going after your and your wife's community property, so I imagine they are going after your separate property. The medical bills were for her necessaries of life (or that's how the creditor would argue), so you would be personally liable.

When a party to a contract breaches or defaults, the other party is entitled to sue for damages. You are entitled to defenses, but there is usually no defense to this kind of debt when it's simply an inability to pay, even if it's because of illness or loss of income. Unless there was fraud, mistake, duress, etc., in the formation of the contract, which would be very unusual.

You can file an answer but you will find these cases are quickly disposed of under summary judgment brought by the creditor, which means you lose the case quickly before going to trial. The judge will then enter judgment for them.

You should hire an attorney to guide you if you still want to litigate as it will get extremely complex after the Answer is filed. Nevertheless, if you want to do it yourself for now, you can use Form PLD-C-010, Answer-Contract.

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I suggest you allow an attorney review your information. If you used a bankruptcy attorney, bring this matter to his/her attention first. You may have defenses to this, just because they say you owe a certain amount does not mean that that amount is correct or that you don't have affirmative defenses.

Bryan C. Becker

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