Legal Question in Credit and Debt Law in California

I have been sued by American Express and it is a rule 3.740 collections lawsuit for $2,195.93. I am concerned because I cannot afford a lawyer and I am not sure if I need one for the hearing that I have been summoned to. I can't find any offices for legal aid and I'm not exactly sure what needs to be done. I've never dealt with anything like this before so that is why I am not too sure on what to do. Any help will be gladly appreciated.


Asked on 8/27/10, 12:04 pm

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

talk to a bankruptcy atty, or a civil atty. If you do not answer the complaint by appearing in court and paying the filing fee or filing an Affidavit of being poor, Am. Ex. will get a judgment against you for the full amount,plus their atty fees and court costs.

Read more
Answered on 9/01/10, 12:46 pm
Asaph Abrams Law Office of Asaph Abrams

Unfortunately, such a collection suit is common. Americans are heavily in debt. There is due process through which you could submit and serve an answer and defend the suit. However, you should consider the time and expense of defending a possibly undefendable claim. An alternative to explore is bankruptcy. While many individiual factors affect the decision to file bankruptcy, a possible starting point for its consideration is the full extent of your debts beyond the one account in question. You would want to consult a bankruptcy attorney in your area.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. We do not review and are not responsible for the content of other attorneys� answers even when they answer the same questions. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.

Read more
Answered on 9/01/10, 12:47 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California