Legal Question in Credit and Debt Law in California

Re: How do I respond to a summons

If you were served on December 21, and are being sued in Superior Court, you have 30 days to respond. If you received a summons and complaint that lists an attorney's name, you are probably being sued in Superior Court. If you do not respond, the creditor will be able to obtain a "default judgment." After that, the creditor will begin collection efforts which may include a wage garnishment or a bank account levy, among others.

If you can pay the debt, or begin making payment, you should contact the attorney for the creditor and try to work it out. If not, you need to file an answer within the 30 day period. You should probably talk to an attorney about representing you.

Re: How do I respond to a summons

You have 30 days of service to file an answer with the court. Forms for answers probably can be found on the court's website, or linked to the Judicial Council which publishes such forms (http://www.courtinfo.ca.gov/cgi-bin/forms.cgi) choose "Answer-Contract". Make at least 4 copies. File it with the court, and have the clerk stamp your copy to keep. Mail a copy to the lawyer. Then, see what kind of deal you can come up with. It's best to answer first so that you are not thrown into a default where they can get full judgment against you, including attorney's fees. But it's always best to start negotiating at the lowest possible amount because you know the other side will nickle and dime you. Good luck.

Re: How do I respond to a summons

I concur with the advice provided by Mr. Cohen, but you need to have someone other than yourself sign the proof of service for the mailing. Most collection agencies will settle for around 50% on the payment plan, but file the Answer first and then negotiate.

Re: How do I respond to a summons

Probably, the most important issue here would be what court you were served in. Meaning, if it was small claims (less than $5000), a third party collection agency has NO standing to sue you there under California law. If this is the case, then you should motion/answer the complaint citing this rule so the case is thrown out. However, you may want to an attorney to help you with this and/or settle your account with the collection agency for "pennies on the dollar". If you would such, affordable assistance, contact us directly for a free consultation.

Re: How do I respond to a summons

The advice you have been given so far is sound. You need to file an answer, if this was in Superior Court. If it is in Small Claims Court, you will need to appear. Based on your zip code, it appears you are in Sacramento. The Sacramento Superior Court website, www.saccourt.com, has information on where to file an answer, how much it will cost, and the process. You should also consult with an attorney about responding on your behalf. The collection agency may not have followed the law and you may have some arguments against them that you want to assert. Speak with an attorney first. My office provides a free consultation on these matters.