Legal Question in Credit and Debt Law in California
Sued by collection Agency -Please Help!
I am being sued by collection agency here in CA. There is really no account number on the summon/complaint. I don't know if the debt is legitimate. They are asking for an outrageous amount, plus 25% interest and attorney and court fees.
I will answer the summons/complaint within the 30 days allocated. However, I am not sure what kind of affirmative defenses to assert other than statue of limitation and that I don't believe I owe this debt.
I want to ask them to validate the debt, how can I word that in the affirmative defenses?
Also, when I send plaintiff my answer to the complaint do I also send them the signed proof of service? Does this proof have to have court stamp when I send it to plaintiff.
What happens after I file my answer? Do I wait for them to serve discovery on me and how long does that take? What kind of discovery can I serve on them besides bill of particulars?
I know that I should hire an attorney but right now I cant afford to pay full legal fees. I am hoping that there is an attorney out there who is willing to take a minimal or flat fee for their services.
Thank you for any replies. I am really stressed about this and appreciate any help.
3 Answers from Attorneys
Re: Sued by collection Agency -Please Help!
I would serve on them interrogatories, form and special and requests to produce documents. This will show you the debt and the facts of their claims.
Re: Sued by collection Agency -Please Help!
I do take these types of cases for a very reasonable fixed fee, if you are in SoCal.
Re: Sued by collection Agency -Please Help!
Stop!! It may be demurred, stricken, or essential affirmative defenses may be lost. I would be willing to work with you as to fees. Contact me directly.
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