Legal Question in Credit and Debt Law in California

Summons response

I received a summons from a law firm representing one of my creditors. My debt settlement co. said to complete a summons response or answer contract, and in it state that 1. I am not denying that I owe a debt, 2. explain the reasons for my financial hardship, and 3. state that I am actively working with a debt settlement co. to resolve my debt. I cannot find a form that best serves what I need it to state. Please help.


Asked on 1/07/09, 10:58 pm

3 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Summons response

As Attorneys Cohen and Stone point out, not only are they unqualified to provide you legal advice, they have provided, in my opinion, the wrong advice. More often than not in these cases, you are in a much better negotiating position if you file an answer and require them to prove their case. We handle debt defense for a lesser amount than you may expect, feel free to contact me if you would like a free consult.

Yours truly,

Bryan

619.400.4929

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Answered on 1/08/09, 3:14 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Summons response

This is the reason you should seek legal advice rather than heed potentially devastating advice from a nonlawyer.

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Answered on 1/07/09, 11:11 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Summons response

You would be nuts to take legal advice from a "debt settlement" company instead of your own lawyer.

What they propose is exactly the same thing as doing nothing, except you would have to pay a filing fee.

Where did you get this "debt settlement" company? They didn't tell you to stop paying your bills, did they? In my experience such outfits are ineffectual at best and scams at worst. If you have a regular income you might be far better off in a Chapter 13 which, among other things, would instantly halt all lawsuits.

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Answered on 1/08/09, 12:32 am


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