Legal Question in Civil Litigation in California

Re: How Do I answer summons on loan default?

Depending on when the loan became due, you might have a statute of limitation defense.

If you answer, you are put in a better position of negotiating a settlement. However, because you're cash poor, it might make sense to do the bankruptcy. I would be careful, though, if you own a home, because a judgment (by default or otherwise) could become a lien on the home and then become more difficult to discharge in bankruptcy.

So, timing is crucial for you. Good luck. You're in the same expanding boat with many, many others.

Re: How Do I answer summons on loan default?

The answer to your question is that you should call up the attorney who filed the complaint, tell him that you are seeing an attorney new week [tell him what day and time], would he please give you an extension of time to answer, right after you meet with your attorney you will call him with your attorney's estimate as to how much time he will need to file an answer or he might file for bankruptcy which you are told would stay the civil case and yo would not have to answer. I doubt he will refuse and I am sure that no judge would not set aside a default judgment under those circumstances.