Legal Question in Civil Litigation in California

I have been handed a SUMMONS from a credit debt collector.

The debt is for $10,000 or less and this is not the original debt holder. This is from a credit card debt that could no longer be paid. They have a lawyer and I don't.

I really need help, but I can't afford it.

I have been advised that there are two basic ways to go in my "answer" to the SUMMONS.

Either accept or deny the claim.

If I accept .... then I have to pay them one way or an other right? No fight. Even if it means my home.

But if I deny, it is a fight; how do you do that if this started because I couldn't cover a bill? Will denying something hurt me if they have the proof in hand. Is denying the same as lying?

The other advice I have gotten is to just start looking into filing for Bankruptcy and that will stop this credit collection thing.

Is this good advice? What is the draw backs?

What does this mean to my Mortgage and Credit line loan people. I don't want to hurt anyone, I just need this one credit collector off my back.

This is hard for me because I have always paid my debts before and always been an honest person, even to a fault sometimes, but life has kicked my butt and I'm just trying survive somehow.

Which way is the best way to go? And if it's in a general deny, then how do you do it without not telling the truth?

What are the words to say that?

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Is there lawyer willing to take me on, and if so how much would it be the bare minimum?

I have no income at all ( not even state help), no job and for the last couple of years have only been

surviving by family members covering my bills and keeping my house in my name, but just by a thread. I'm just hanging on, every month is unknown and my family is tapped out now.

I can not pay back anything even if I wanted to at this time and I don't when if ever.

This SUMMONS has pushed me into a position I can not handle financially - either in fees for filing a response or hiring a lawyer for good counsel or handling things properly for me. My house's equity is "upside down".

Thank you for the few that have made responses to my questions in the last few days. You don't know good it feels to be not entirely alone when somebody gives you a few words to help you along. Thank you.


Asked on 11/05/11, 2:20 am

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

You have many questions and it will be almost impossible to answer here. From your description of your financial situation, the bankruptcy seems to be a viable option for you not only for this crefitor that has pushed you to your limits, but also for the mortgage on your house, which you say is upside down. Go see a bankruptcy lawyer and you may get rid of all non-secured debts and possibly reduce your mortgage to where the market value is.

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Answered on 11/05/11, 2:38 am

In your previous postings you had not mentioned that your house is worth less than you owe. With that information there is simply no question but you should go to a bankruptcy attorney. You also sound like you really need to contact a credit counseling agency. They are free, and can give you a lot of information and advice about things you don't seem to understand about personal finances and your rights as a debtor, that will help you come out of bankruptcy prepared to have a more sound financial future rather than get back into a mess like this again.

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Answered on 11/05/11, 12:27 pm


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