Legal Question in Credit and Debt Law in California

Received A Summon for Small Claim Court

Received a summon April 16, 2007 regarding debt I owe since 2003. The loan was original thru WAMU which that time was around $1000 plus. Was turned over to Phoenix Collection Agency and now to a law firm and the amount ballooned to over $3000. I intend to settle and pay my debt but I'm not sure how to proceed. The summons says I need to reply by legal form with in 30 days and gave several website for help but I'm not sure which one to use or which form. Should I call the court or law office or the collection agency or wamu to settle my debt? As much as possible I'm trying to avoid going to court and do arbitration. Help! Help! Help! I'm lost with all this legal thing!

1. Who is suing you? Nelson and Kennard 2180 Harvard St., Ste 160 Sacramento CA 95815

2. For how much? $3113.86 plus interest and legal fees

3. Who is the original creditor? Washington Mutual

4. How do you know you are being sued? Received a summon signed by my roommate.


Asked on 4/18/07, 1:03 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Received A Summon for Small Claim Court

You may need to file an answer, but it is a bit unclear. Has the statute of limitations run? Do you have any other defense? You can talk to an attorney about this, or, since it is small claims court, you can call the courthouse and ask for the small claims advisory clinic. They will be able to help you fill out the right forms at no charge.

You can also email me at [email protected] for a copy of my free ebook on small claims court.

Read more
Answered on 4/18/07, 1:10 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Received A Summon for Small Claim Court

You may consider answering the complaint and proceeding through the early stages of discovery to see if the plaintiff has proof of the debt. Be careful if you decide to contact the agency. There are many that are unscrupulous. Read this link from Budhibbs.com

http://www.budhibbs.com/judgment.htm

If you have any questions about this, feel free to contact me via phone or email.

Yours truly,

Bryan Becker, Esq.

877*201*8728

[email protected]

Member, National Association of Consumer Advocates

www.naca.net

Read more
Answered on 4/18/07, 1:11 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California