Legal Question in Credit and Debt Law in California
I just received a mailing that was for solicitation of a lawfirm's business to represent me in a case vs a creditor. I had never been notified by the creditor about the suit, but checked public records that this firm said it was listed in anyway. My county does list a case vs myself, but iit shows as "open" and was dated as 6/10/11.
Can you tell me if I'm supposed to be served or at least have a legal mailing signature/delivery service
beforehand & what my options may be? I cannot afford an attorney or anything else as have lost home, etc & am in poverty while continuing to search for employment. Thanks for your thought & time.
2 Answers from Attorneys
Yes they have to serve you. It sounds like the case was filed in June and they have either not located you or have not gotten around to serving you. They will eventually. Once you are served, your options are: to defend the suit by yourself and almost certainly lose resulting in a judgment you say you cannot pay, agree to a judgment you say you cannot pay, find the money for a lawyer and take your chances, or look into bankruptcy.
Mr. McCormick's answer is very complete. I just want to add that selecting a lawyer on the basis of that letter you got is usually something you might regret. Make sure you meet with a lawyer face to face because you hire one and there is a written agreement. Check out that attorney who sent you the letter by going to the website of the California Bar Association and make sure that the lawyer's office is close enough to yours and that you talk to the lawyer and not an assistant on the initial visit so you have a chance to ask questions and know what to expect.
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