Legal Question in Credit and Debt Law in California

summons -- looks like credit card debt

I received a summons 2 weeks ago regarding an account previously owned by citibank. I'm required to file an answer within 30 days of being served, but am having a heck of a time finding a lawyer to assist me, or examples of an answer.

The debt, in question, most likely belongs to me, however no information is provided in the summons to confirm that. No account information is provided, nor is there anything with my signature to prove this is mine. I'm also unsure if the debt in question isn't more than 4 years old.

I attempted, probably the wrong thing to do, to contact the plaintiff to get the information that is lacking but without my disclosing any personal information they wouldn't talk to me (bizarre when you consider they've gone to these lengths to collect).


Asked on 2/05/07, 3:04 pm

1 Answer from Attorneys
Joel Selik www.SelikLaw.com

Re: summons -- looks like credit card debt

You can send them discovery, for example Form Interogatories: http://www.accesslaw.com/jcforms/forms_discovery.html

right away, without yet answers. But, you will need to file an answer, and affirmative defenses. You may wish to send a letter to the attorney with a copy of the cover of the complaint asking them your few reasonable questions: confirm it is me and the date of the debt.

There is also a form for an answer:

http://www.accesslaw.com/jcforms/forms_pleadings_general.html OR

http://www.accesslaw.com/jcforms/forms_pleading_contract.html

And go to law library for sample of affirmative defenses (any any counter claim).

Joel

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Answered on 2/05/07, 3:10 pm


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