Legal Question in Credit and Debt Law in California

Re: Response

I'm not sure what your question is. If it was served on June 27, 2009, then you have 30 days from that date in which to file a response in the Court. Since there is no hearing date, I have to assume that this is not a Small Claims Court claim, but rather is a Summons and Complaint in Superior Court. As such, you file a response, then each party conducts discovery and develops their case. During this time, your case will probably be sent out for mediation. After all of this is done, and either the case is not settled or resolved by mediation, the court will set a trial date. If you file no response, the creditor will get a "default judgment" against you very shortly after the 30 days are up.

You can also attempt to settle with the creditor's attorney during this time. If you are not sure what to do, then you need to go retain an attorney immediately to defend you in the lawsuit.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Re: Response

I strongly disagree with attorney Gibbs that you should try to settle directly with the creditor. You should not speak to the creditor, or its attorney AT ALL before consulting an independent attorney. You might have defenses to the lawsuit that you could inadvertently give up by saying the wrong thing. You must not get your legal advice from them. I would be pleased to review your situation without charge and, if you have a valid defense to the case, or you just want an attorney to handle settlemetn negotiations, I would charge you a very reasonable fixed fee.