Legal Question in Bankruptcy in California
Response to Summons
I was sued by a collection agency and received a summons, sum-100. Days later I filed bankruptcy, which was in process. Do I need to file a response, on what form, or will a letter or phone call to their attorney do? A response costs 180 dollars which I do not have.
2 Answers from Attorneys
Re: Response to Summons
A letter or phone call to the plaintiff's attorney should suffice. The automatic stay prevents the lawsuit from proceeding. Even if they obtain a default judgment against you, the debt will be discharged (assuming it's dischargeable).
Re: Response to Summons
I typically also notify the superior court of the bankruptcy in writing. That way, there's no question of it, and the judge will look out for you if the plaintiff's attorney ignores it, for some reason.
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