Respond to a debt lawsuit | California Courts (2024)

FAQs

Respond to a debt lawsuit | California Courts? ›

You have 30 days from the day you were served with the summons to respond to the debt collection lawsuit. You do this by filling out a court form (called an answer form), filing it with the court, and delivering it to the person who sued you (called the plaintiff).

In order to respond, you must file an Answer into the case, which costs $225-$450 depending on how much debt is owed and in which court the case is filed. In your Answer, you should respond to each claim against you and assert your affirmative defenses.

The most important thing is to respond.

Whatever you do, don't ignore the lawsuit. Even if you don't think you owe that debt. Responding to a debt collector's lawsuit will likely put you in a better position, cost you less in fees, and give you more control over how you repay the debt.

If you get a summons notifying you that a debt collector is suing you, don't ignore it. If you do, the collector may be able to get a default judgment against you (that is, the court enters judgment in the collector's favor because you didn't respond to defend yourself) and garnish your wages and bank account.

Summary: Yes, you can settle after being served. The best way to settle a debt lawsuit is first to file an Answer, then to contact the other side and make an offer.

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

How to dispute a debt and win? ›

Don't provide personal or sensitive financial information

Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.

Yes, but the collector must first sue you to get a court order — called a garnishment — that says it can take money from your paycheck to pay your debts. A collector also can get a court order to take money from your bank account.

You can file an Answer form to respond to the Plaintiff's complaint. It is a formal statement, in writing, of your defense. You can say that what the plaintiff claims isn't true. Or you can say it's true but give more information and reasons or explain the situation.

Summary: If you're being sued by a debt collector, here are five ways you can fight back in court and win: 1) Respond to the lawsuit, 2) make the debt collector prove their case, 3) use the statute of limitations as a defense, 4) file a Motion to Compel Arbitration, and 5) negotiate a settlement offer.

Start by lowballing, and try to work toward a middle ground. If you know you can only pay 50% of your original debt, try offering around 30%. Avoid agreeing to pay an amount you can't afford.

If you've been served with a lawsuit from OneMain Financial, it is extremely important you do not default or ignore the summons. The collector can have wages garnished, bank accounts levied, and liens filed against your car or home.

Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

You have three options: deny, admit, or deny for lack of knowledge. As a rule of thumb, lawyers advise you to deny, deny, deny. Let the plaintiff prove your responsibility for the debt. Include your affirmative defenses: These are reasons why you think the plaintiff is wrong to sue you.

What to do when you have been summoned? ›

Once the summons is served, the summoned individual is required to appear in person before the court. Failure to do so may lead to contempt charges, and the court may issue a warrant against them.

I am responding to your contact about a debt you are attempting to collect. You contacted me by [phone/mail], on [date]. You identified the debt as [any information they gave you about the debt]. Please stop all communication with me and with this address about this debt.

Your debt settlement proposal letter must be formal and clearly state your intentions and what you expect from your creditors. You should also include all the key information your creditor will need to locate your account on their system, which includes: Your full name used on the account. Your full address.