Legal Question in Credit and Debt Law in California
Summons Response
I live in the state of CA and I am being sued by Wolpoff & Abramson for a credit card debt. The debt was passed on from Citibank to LNVN funding and now to Wolpoff & Abramson. I initially made arrangements with Wolpoff to pay off the debt. I made the first to payments but I missed the third and now I have been served with a civil court summons. I was told that I have 30 days to respond to the summons, but I am unsure of what needs to be included. Thanks.
1 Answer from Attorneys
Re: Summons Response
By response, they mean that you need to either serve and file an answer to the complaint, or there some other pre-answer pleadings you might file with the court. The simplest response for you is to serve the attorney for the creditor with, and file with the Court an answer. There is an appearance fee that you will be required to pay when you file your answer.
The forms can be found online - google "california court forms" and you can locate the State's website. There are many different answers depending upon the complaint you were served with, and you can also file a typed answer but it has to meet the requirements of a proper legal pleading, so frankly, you are either going to need to learn a lot very quickly about civil litigation, or consult with an attorney. Failure to respond within the 30 days will allow the creditor to get a "default" judgment against you. I'm sorry we can't be of more assistance, however, there are far too many variables to try and walk you through defending this lawsuit online. If, on the other hand, they served you with a Small Claims "Plaintiff's Claim", then you need only appear at trial, or if you want to counter-sue the plaintiffs, you can do so by filing a counter-claim. Unfortunately, it doesn't sound like you are being sued in Small Claims Court.
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