Legal Question in Civil Litigation in California
How should I respond to a civil case summons?
I received a civil case summons from a loan company i owe money to and have defaulted on payments. it states i have 30 calander days to respond in written legal form. Do i have to respond? can i wait for the court date to be set? once a summons has been served can arbitration be used? Can i include this matter in a potential bankrupcy? im buried in debt and am confused on how to proceed...PLEASE HELP...
5 Answers from Attorneys
Re: How should I respond to a civil case summons?
Inless you file an answer, a judgment by default will be entered. this debt can be discharged in bankruptcy.
Re: How should I respond to a civil case summons?
If you do not respond a default will be taken and judgment rendered without your involvement. Recommendation is that you see a Bankruptcy lawyer asap to discuss your situation. I believ it would be better for you to act before default and judgment taken.
Re: How should I respond to a civil case summons?
You must file a formal answer, or other procedural motions on or before the 30th day after you were served. Once an answer is filed, frequently the creditor may be willing to settle the debt for less than the amount owed. Such debts also can be included in a bankruptcy, although they must to be contained in one of the exceptions to discharge, including expenditures for luxury items within 3 months of filing, or exhibit a pattern of spending way beyond your ability at the time to repay. Good luck to you.
Re: How should I respond to a civil case summons?
If you don't respond in time, they will take your default. If you intend to go bankrupt promptly, then don't waste money filing a response, instead use it to do the Bankruptcy.
Re: How should I respond to a civil case summons?
You will need to file an answer. Sometimes negotiations can help you out of a lawsuit and bankrtupcy should be a last resort. Please contact our office for review of the documentation and consultation.