Legal Question in Credit and Debt Law in California

court summons for a credit card debt

I received a civil court summons and I am in the process of preparing a response to file with the court.

Info on summons:

- Case type: Contract, Rule 3.740collections

- not a class action suit

-Civil case cover sheet category: collections

-Type of action: other promissory note/collections case

-Cause of Action - Common counts sheet:

Plaintiff alleges that defendant became indebted to plaintiff (a) within the last four years because an account was stated in writing by the between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.

(b) within the last four years for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff (1) the sum of ****

(2) other: this cause of action is based upon account number ********OGKZ

- $****, whis is thre reasonable value, is due and unpaid dexpite plaintiff's demand, plus prejudgment interes at the rate of 10 percent per year from date

-Based on all of the above information, I am not sure of what to respond. What is the typical response for this kind of case. Any help is greatly appreciated. Thanks.


Asked on 7/02/08, 7:41 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: court summons for a credit card debt

Don't respond by yourself, at least not just yet! What you are contemplating is dangerous to do on your own, if you do not respond exactly correctly you could waive important rights! Have you -talked- to a lawyer yet? I can think of several questions I would like to ask you about this case. Do not talk to the other lawyer or collection agency!! Is this a stale debt? A "zombie" debt? Have you ever heard of the plaintiff debt collection company?

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Answered on 7/02/08, 7:50 pm


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