Legal Question in Credit and Debt Law in California

You will have to file and serve a response within 30 days of the service of the summons and complaint on you. The response may be an answer, demurrer, and/or motion to strike. Form answers may be found on the Judicial Council website. However, make sure that you raise the appropriate affirmative defenses, including the running of the statute of limitations. Courts have a process for waiver of the filing fees. Ask the court clerk for the appropriate forms to complete.

If you cannot pay this and other debts, you might consider other options, including filing for bankruptcy protection. Once the bankruptcy process is over, most -- if not all -- of your debts can be discharged. Then, when you are back on your feet, you might be able to start fresh.

Robert is right - there are forms available from the Court, or go to http://www.courtinfo.ca.gov/forms/. These forms can be daunting --- but they are designed for a layperson to prepare. There are a number of affirmative defenses that you may want to use.

While you state you have no money, you may want to try and scrap together enough to pay for 1/2 to 1 hour of attorney time to make sure that the forms are properly prepared. The attorney can even help you fill out the fee waiver forms to have the filing fee waived.

In addition, the attorney may be able to determine if there were any violations of the FDCPA and/or the Rosenthal Deb tCollection Act.

At my office we work with many individuals, like yourself, who are being sued and can not afford to hire us for a full defense.

Good luck.