Legal Question in Credit and Debt Law in California
Sued by creditor
I am being by FIA card services. I received a summons on 01-04-09 and need to reply. The first page of the summons is an order to show cause why sanctions should not be issued against plaintiff for failure to file default judgment pursuant to CRC 3.740. They are ordered to appear in court on 12/03/09. Shouldn't they be required to show cause prior to the lawsuit? See the following:
I do not recall signing anything but they say I have an account stated in writing. Should I dispute?
They say I have an open book account for money due. What is that?
They say they lent me money at my request. What is a reasonable reply?
For money paid, laid out, and expended to defendant at defendant at defendants special instance and request. Should I admit to this?
They are claiming unjust enrichment. Do they have a case for this?
3 Answers from Attorneys
Re: Sued by creditor
If you haven't answered yet you still may have defenses available. Our advice --never let them collect a default judgment. If you would like assistance, feel free to contact us.
Yours truly,
Bryan
Becker Attorneys
Providing Revolutionary Legal Services
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The collection firm wants you to ignore the lawsuit; in fact they depend on it. Fight back and defend yourself. Just don�t be surprised how quickly they fold (don�t worry -- we won�t remind you we told you so).
Re: Sued by creditor
You need to have an attorney look at what was served on you. These cases are defensible. There is a limited time to respond or they will obtain a default and then a judgment against you.
Re: Sued by creditor
Was the debt actually yours? If you were not the person who incurred the debt, you can contest the lawsuit. You must contest if or you could be held liable if a judgment is entered against you. Please contact us if you have any other questions.
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