Legal Question in Civil Litigation in California

I already posted here about my SUMMONS I was just handed three days ago. I find myself now Involved in a debt collection lawsuit of a credit card. This is not the original people who are doing this.
I can not afford dealing with this even if I wanted to. At this time of my life have no money and no job and have no way to pay for a lawyer or any fees or repayment plans.
I still have a home to my name that is hanging on by thread but this means I probably have to much to get a public defender to help me in this matter.
And I need help.
I know I have 30 days to reply to this SUMMONS and it has to be in proper legal forms. This has to be done exactly right or else I've screwed things up for myself. I also know that I can ask for a "wave of fees form" to hopefully dodge paying a fee I don't have money to pay. Filing a reply would cost about $355.00 that I can not cover at all.
I went down to the Long Beach courts where this was filed but the clerk their could not help me and told me to go to a "self Help" thing in a superior court near by.
Now when I go, how would I know what forms to get exactly since I know they aren't allowed to give me advice in what actions I should take. Is there only one type of form that will be handed to answer this SUMMONS?
I have learned through advice here and others that my stance should be: to not volunteer or offer any information and be as evasive as I can honestly be. Basically fight back and make them work hard if they want to go further on each step they take.
Because of the amount of debt is below $10,000. many seem surprised they have gone this far to collect; but they have.
From here it has been suggested that in my "answer", I should file a one page "general denial" response, but only if - "the complaint was not verified (this means if it was not signed by a representative of the company suing you)".
I've looked at the paperwork I have and a LAWYER from the debt collectors has singed the SUMMONS, does this mean that a representative has signed and in fact this is now verified? Does this mean it is VERIFIED?
AND SO does that mean I can not do the "general denial" move?
What is my next step is what I need to know to make this drag out or eventually disappear is what I want to know?
Will the self help people at the court house only hand me one form to answer with and I am making this more complicated then I need to?
I really need a lawyer but I'm broke. I spent 75 cents today on parking and that was a big deal to me.
Is there a secret website or place that lays it all out for someone with the right wording included?
I found some step by step help on the web but it was only good in an other state. SO CLOSE!
I need help and would appreciate anyone's knowledgeable advice on what to do next, exactly.
Thank you very much.

Asked on 11/04/11, 1:30 am

2 Answers from Attorneys

0 users found helpful

0 attorneys agreed

These people are not going to go away. All you can do is delay the inevitable, which if they have a lawyer and you do not means you lose and they get a judgment against you and start taking your money and assets, possibly including your house if it has equity. If you are really as unable to pay even a filing fee as you say, you should be visiting the self-help people at the Bankruptcy Court, not the Superior Court. Once you file the bankruptcy petition, you can file and serve a notice of the bankruptcy instead of filing and serving any kind of answer to the lawsuit. Bankruptcy will shut down the Superior Court case, and most likely discharge the whole thing. The self help people at the Superior Court CAN help you with what forms you need and they will help you with how to file the bankruptcy notice in the Superior Court.

Answered on 11/04/11, 8:58 am

Mark as helpful