Legal Question in Credit and Debt Law in California

How do i respond to a SUMMONS from a credit card collection suit? What forms would i need to fill out and submit?


Asked on 8/26/10, 2:33 pm

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

You will need a form to answer the complaint. Some people use paragraph forms, but you can also use the court form for General Denial. You will need a Proof of Service form, to prove that you had someone mail a copy to the plaintiff. You will soon need a Case Management Conference form, and file it a montth before the Case Management Conf.

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Answered on 8/31/10, 2:43 pm

You can only use the General Denial form if the complaint was not verified. Otherwise you have to use the Answer form. All these forms are available at courtinfo.ca.gov

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Answered on 8/31/10, 3:31 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I do not recommend filling out your own forms, at least until you have run your situation by a lawyer. Do you have any defenses to the lawsuit? Is the debt too old (over four years)? Is this lawsuit from a junk debt buyer that might not own the debt? If you have a valid defense to the lawsuit, you should be able to get a lawyer, because if you are successful your legal fees will be paid for. If you don't have a legal defense to the lawsuit, you could pay, settle, or file for bankruptcy.

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Answered on 8/31/10, 5:04 pm


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