Legal Question in Credit and Debt Law in California

You must first be sure to calendar the date your written response is due to be filed in court, which is most likely 30 days from the date you were personally served with the Summons and Complaint. Certain facts may extend the time you have to answer, but do not make this assumption. There are specific forms you can, and should, use if you file your answer to the complaint. You may contact the attorney who filed the complaint and ask for an extension of time to file your answer, especially if you intend to negotiate a settlement. Make sure to get the agreement to extend your time in writing, which can be by email--just make sure it is in written form.

It is not too late to settle the case. You can either contact the attorney who filed the case, or you can contact the creditor/collection agency. Many such creditors/collection agencies have special arrangements with the attorneys they hire to file lawsuits, and you might still be able to work out a deal with the creditor to pay less than the full sum owed. The complaint most likely requests attorney fees and costs, which seems to be part of your motivation to pay the debt. If you deal with the attorney, he likely has authority to settle the case and waive the attorney fees and costs requested in the complaint.

If you choose to bypass the attorney, you will need to either file your answer with the court within 30 days from personal service on you, or have the creditor instruct the attorney to grant you an extension to make arrangements to pay, and at the same time draft a simple agreement (they have the forms already prepared) that states the amount you will pay, the date you will pay, and that the complaint will be dismissed "with prejudice" upon your payment of the agreed sum. Make sure you get in writing an extension of time to file your answer while you negotiate the deal, and be sure to file your answer by the deadline of the extension if you are unable to settle.

Yes you can call the attorney who is listed on the complaint and tell them you want to pay the bill. If they agree make sure they send you an agreement in writing as to resolving the case so they don't take your default by your failure to file an answer on time.

Rather than paying the full amount try offering them considerably less. Try starting at 25% and work your way up. The more you can pay in a lump sum the less they will likely take. Even if you agree to a payment plan you can still settle for a lot less than what you owe. Whatever you do make sure that you either file an answer or get a written agreement to extend the time to answer so they don't take your default judgment.

Hope that helps and good luck.