Legal Question in Credit and Debt Law in California

Service papers

I am with a debt settlement company. One of the credit cards that they are trying to settle with just served me with papers for a law suit. What can I do? How do I respond so they don't get an atomatic judgement. Can they garnish wages if so how?


Asked on 3/07/08, 6:40 pm

2 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Service papers

You can file an Answer on your on behalf (e.g. Jane Doe, in pro per) to the complaint on a form you can get from the Court where the lawsuit has been filed. The Answer, which must deny the allegations of the Complaint and raises all your affirmative defenses, must be filed within thirty days of the date that the Complaint was served on you; otherwise, the creditor can take a default judgment against you without your participation. Oh, and don't think that some claimed service of process defense will protect you. Be timely with that filing of your Answer with a written proof of service by mail on opposing counsel attached to your original Answer which you file with the Civil Court Clerk, along with either your filing fee or with a petition for a waiver of fees because of your economic situation. These fee waiver petitions are often not granted by the Court, and if they deny it you will have to pay the filing fee within only a few days, or a default can be entered against you. Mail a copy of the Answer you file with the Court to the Plaintiff's attorney.

No garnishment can occur until a judgment is first entered against you.

Also, take the papers to your debt settlement company after you file your Answer and see if anything further can be done by them. Do not expect the debt settlement company to protect you from this court action.

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Answered on 3/07/08, 7:08 pm
Lisa Howard Law Offices of Lisa M. Howard

Re: Service papers

You only have 30 days to respond to the law suit. Find an attorney ASAP to prepare a response for you & avoid an automatic judgment. Yes, they could possibly garnish your wages, but you are a long way from that possibility. Just do what you need to do now!

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Answered on 3/11/08, 11:15 am


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