Legal Question in Credit and Debt Law in California
Nervous and need advice
I owe a hospital in Alameda approximately $900 and I received a summons, I was told to send a letter but it had to be in the correct format, I cannot afford an attorney and I cannot get any help from legal aid? Is there anyone who can tell me if there is a form or what I can do? I am a part-time employee and there is no way I can pay the bill in full including legal fees.
2 Answers from Attorneys
Re: Nervous and need advice
What court was the case filed in? If in small claims court, you don't need to file an answer ... just appear on the date set for the hearing. At that time, you can explain your situation with the judge, and he will most likely set a payment program. Usually, if both parties appear, the judge will require that they sit down and try to come to an agreement before he needs to make a decision. If it is a small claims action, I would suggest that you immediately contact the people you owe money to, and try to work a settlement before going to court.
If the case was filed in a court other than small claims, you will want to file a General Denial form. They probably have them at the court house, or you can find it on the internet at the following link:
http://www.courtinfo.ca.gov/forms/documents/982a13.pdf
You will need Adobe Reader to view the file.
Good luck.
Re: Nervous and need advice
Thanks for your posting. As Ken stated, you will need to file an answer (not a letter) with the court if you were sued anywhere but small claims court (based upon the amount owed).
You can download or create a simple answer and file it yourself (and pay the filing fee).
Also ... have you considered bankruptcy? You may be able to file and dismiss this debt rather than taking this case to trial and having a judgment, wage garnishment, etc.