Legal Question in Credit and Debt Law in California

From the zip code, I hope you are not one of my clients, as I would hope that you would contact me with this question first! Regardless, by filing a response to the lawsuit, you will avoid immediate entry of a judgment against you (and the enforcement which would follow shortly thereafter). Many collections lawsuits, if an answer is filed tend to just languish in the Courts - not really moving forward. There is no guarantee that this particular creditor won't immediately begin discovery, and other pre-trial maneuvering, however, your odds of further delaying the lawsuit are much better if you file an answer (or other response). Without reviewing the complaint, it is not possible to advise you as to what response to file (Motion to Quash, Demurrer, Answer, etc...), but your bankruptcy attorney should be able to provide you some advice on this matter.

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Creditors' attorneys hear the refrain, "I'll be filing bankruptcy" every day, several times per day. So advising the plaintiff's attorney of your plans won't be helpful. In fact, it might spur the attorney to be more persistent. You should file an answer to the complaint and, if you're Mr. Gibbs' client, to seek his personal guidance. More often than not, attempted loan modifications are not successful because the applicant doesn't quite qualify. I recently heard from a realtor that of those persons who were able to get loan modification, many of them still can't meet their obligations a year or two down the road. I hope you won't fall into either of those categories. Good luck!