Legal Question in Civil Litigation in California

I received a summons regarding at an old sears account. then it went into

collections. now a lawyer called rosen and loeb has my case. they

recently sent me an summons. i have 30 days in which to respond. the law

firm want the money up front. i do not have that kind of money. what should

i do. I would like clear this matter going to court.


Asked on 3/24/10, 10:43 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

There are some important facts missing from you question. If the credit card charges are for bills more than 4 years old and since that date you have never promised to pay them, then the debt is barred by the 4 year Statute of Limitations for a written contract. But if the debt is less than four years old, ther is little to do but try to work out a settlement of either a single lump sum discounted payment or some installment payments. You need to be able to show the law firm that you have little in the way of funds.

You might want an attorney to spend about an hour going over the facts with you and then writting the law firm as to what can be done.

Good luck.

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Answered on 3/29/10, 11:22 am
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Good question.

Be sure to file an Answer within the 30 days. There is a simple form to use if you look for judicial forms on your county's website. However, it would be best to speak with an attorney to be sure you get all your affirmative defenses raised. You can always negotiate a settlement after the filing of the Answer . if you do not file an Answer timely, there may be a default entered against you and then they would get whatever amount they want on the Judgment. Protect yourself and get some individual legal advice in your area.

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Answered on 3/29/10, 12:57 pm
Daniel Bakondi The Law Office of Daniel Bakondi

#1 If you do not file an answer in the time allowed, they will automatically win. They will not negotiate because they dont have to (see #1). Let me know if you want me to file an answer for you and then try to negotiate the amount.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 3/29/10, 4:05 pm


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