I am being sued for a debt collection on a credit card that I defaulted on. The papers were filed on July 5th, but I wasn't served until July 13th. Even then, the papers were left on my front door and not personally given to me. How long do I have to respond? Is it 30 or 40 days? What form to I use to respond to the summons? This is not the only credit card that my husband and I had to default on. Is it better for us to file bankruptcy? We don't have any sort of assets or extra money to settle and worry about the other companies coming after us also.
3 Answers from Attorneys
You have 30 days from when you were served. You might fight the service as improper, but it is not usually worth the bother.
The form you might use is PLD-C-010 Jan 1, 2007 Answer-Contract at
http://www.courts.ca.gov/forms.htm?filter=CO which are the California Judicial Council Forms. You may also want to include Affrimative Defenses for which you might search online or speak to a legal aid office.
If you have multiple debt issues I would think discussing your situation with a bankruptcy attorney is in order and well worth your time.
You may or may not want to file BK. Depending upon your situation you might want too fight the lawsuit and cut a deal t pay this off. If you would like my office too look at your situation feel free to call at 818 345 0123