Legal Question in Credit and Debt Law in California
I have received a summon for a debt I owe what should I do?
3 Answers from Attorneys
You need to verify the debt to make sure that the debt is valid, i.e, the creditor and the amount are correct. If the debt is not valid, you can attend the court hearing and challenge it. If the debt is valid and you have not been paying the creditor, you need to contact the creditor to arrange for a setttlement or a payment plan to prevent the creditor from pursuing any further remedies such as wage garnishment, lien on your real property, etc.
You will need to file with the court and serve by mail a copy of a responsive pleading within 30 days after you were served -- an answer, demurrer, and/or motion to strike. That would put you in a better position to negotiate. You also might have some affirmative defenses that you should raise in the answer including the statute of limitations.
If you do not answer, the plaintiff can take your default, and get a judgment not only for the amount claimed is owed, but for accumulated interest and attorney's fees. That's something you might want to avoid. Of course, if your financial situation overall is not good, you might consider other methods to deal with your debt, including bankruptcy.