Legal Question in Credit and Debt Law in California
Hi, got a summons from a collection agency amount $3400. I stop paying crdit card since 2004 that time my credit limit was 1200, so then it went up that high. Right now we have a financial diffulties, it has been 9yrs. From thwt 9 years i didnt made any payment arrangements to any collection agency for this credit card company. If i do not reply within 30 days- the summons do they have the right to garnish my wages, joint bank accounts? should i just ignore the summons? Pls advise
2 Answers from Attorneys
If you do not reply, they will get a default judgment. Without all the facts there may be a statute of limitations issue. But you can't challenge any of it if you don't answer.
You must fight the lawsuit. If you believe the statute of limitations bars the debt (and it might), then you need to raise that defense/
If you are $3400 and in California, you are likely in small claims court. There will be no responsive pleading. You can simply raise the argument at the trial.
You may also be able to convince the agency to drop the claim on the basis of the statute of limitations defense by writing them a letter. But writing the letter does not mean you can forget about the lawsuit. If the suit is not dismissed, you must fight it.
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