Legal Question in Credit and Debt Law in California

Credit card debt law suit

My adult child is being sued by a credit card company for a debt that cannot be paid. It looks as though they filed a proof of service,which is false because as far as I know they did not serve anyone. How can a person that has very little money defend themselves against this lawsuit?

Asked on 11/30/08, 1:11 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Credit card debt law suit

Your child should at the very least file an answer "in pro per". For a small fee, an attorney can prepare a simple answer for your child. Also, your child may qualify for a waiver of court fees and costs so he may not have to pay filing fees. If a default has already been entered, then your child may have to hire an attorney to set it aside, or just let a judgment be entered against him, in which case his bank account and 25% of his wages may be taken.

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Answered on 12/01/08, 12:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Credit card debt law suit

Depending on when the debt was incurred, your daughter might have a defense that the statute of limitation has run.

She should file a responsive pleading (answer, demurrer, motion to strike) within the 30 days of alleged service, or file a motion to quash service. She must not procrastinate, or the plaintiff will obtain a judgment against her and will attempt to levy her wages and/or bank account(s).

For assistance, she might check with non-profit legal help groups in your area.

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Answered on 11/30/08, 2:06 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Credit card debt law suit

Has your friend ever thought about filing bankruptcy?

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Answered on 11/30/08, 2:45 pm

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