Legal Question in Credit and Debt Law in California

Re: served a summons

Depends on several factors. If you will be filing bankruptcy before an answer is due (generally 30 days from being served for a civil complaint in Superior Court, 5 days for a complaint in unlawful detainer, no answer required in Small Claims Court), then I would recommend that you not bother filing an answer. If, however, you are close to the deadline to file, you might consider it. If they can obtain a default judgment before you file bankruptcy, and obtain and file an abstract of judgment, then you may wish to file an answer just to delay their ability to fix their claim. You'll want to discuss this more thoroughly with your bankruptcy attorney before making any decisions.

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Re: served a summons

In addition to Mr. Gibbs' suggestions, it depends on what the claim is. If it's for fraud or intentional injury to another, then that claim might not be dischargeable in bankruptcy and you definitely should file an answer or other responsive pleading. If it's a collection (credit card, loan) matter, then it should be dischargeable.