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How to Answer a Summons for Debt Collection in California (2024 Guide)

George Simons | May 02, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by Patrick Austin, J.D.

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Summary: You have 30 days to respond to a debt lawsuit in California. 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. You can draft and file an Answer online in minutes with the help of SoloSuit.

“I love getting sued for a debt,” — said no one ever.

Being sued for debt can be stressful and overwhelming. Ignoring the Summons may cause more financial challenges than what you are already handling. The best approach is to respond to the Summons, no matter what your financial situation is. This article will simplify the process by telling you exactly how to respond to a debt collection lawsuit in California. This includes information specific to filing in California, like state deadlines and forms.

Let's dive right in.

Respond to a Summons in California.

Sued for debt in California? SoloSuit can help you file an Answer into your case before the 30-day deadline.

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Table of Contents

You have 30 days to respond to a Summons for debt in California

In California, the deadline to respond to a Summons for debt is 30 days (including weekends and court holidays).

If you did not receive the lawsuit documents directly, the court gives you 40 days to respond. Such a situation occurs if the Summons and Complaint were served to someone else in your household or at work, if it was sent to an old address, or it was mailed to you. Before counting these ten extra days, ensure the plaintiff's documents say you were substitute served or call the creditor's lawyer to confirm.

Be aware of these other exceptions on deadlines in California.

Use these California Answer forms to respond to a Summons

It can be confusing and challenging for an inexperienced person to know which forms to send to respond to a debt collection Summons. SoloSuit solves this challenge by giving you several options that will help you fill the correct form.

Use SoloSuit's free Answer form to respond to a debt collection lawsuit in California.

It's quick and easy to fill, takes less than 15 minutes, and it has the best track record for debt collection lawsuits (we get cases dismissed every day). And did we mention it's free?

California Answer to Summons forms

Here are other forms provided by the state.

  • The General Denial Form - Use this form if you disagree with the entire complaint. This form doesn't provide support for affirmative defenses.
  • Answer Form - Use this legal form if you disagree with a section or agree with the entire complaint.

If you decide to use the state forms, you can use these official instructions to fill out the forms. SoloSuit's Answer is free and easy to fill out, and no instructions are needed.

Follow these steps to respond to a debt collection case in California

You know you're being sued for debt when you receive court documents that say you need to appear in court on a certain date. These documents are called the Summons and Complaint. The Summons notifies you of the debt collection lawsuit, while the Complaint lists the specific allegations (or claims) that the plaintiff is making against you.

Remember, you usually have only 30 days to respond to the Complaint. The ideal document for responding is the Answer. Here are three steps to responding to a Summons and Complaint:

  1. Answer each claim listed in the complaint
  2. Assert your affirmative defenses
  3. File the Answer with the court and serve the plaintiff

You can also watch the following video to learn more about these steps to answer a Summons for debt in California:

If you haven't been sued yet, use SoloSuit's Debt Validation Letter to fight debt collectors.

1. Answer each issue of the Complaint

Answering the Complaint can be scary, but the process is simple if you follow these guidelines. First, read the Complaint and decide how you want to respond to each numbered paragraph. You can respond in one of three ways:

  • Admit—like saying, “This is true.”
  • Deny—like saying, “Not true” or “Deny in full."
  • Deny due to lack of knowledge—like saying, “Based on the information provided, I lack the requisite knowledge to answer definitively.”

SoloSuit can help you respond in less than 15 minutes—for free!

Choose one of the options above to respond to each claim that is listed in the Complaint document. Essentially, your Answer should be a list of responses. Most attorneys recommend that you deny as many of the allegations as possible. This forces the plaintiff (or debt collector) to do more work to prove their claims. You may deny a claim if the debt is not yours, you cleared the debt, or the debt has expired.

California-specific forms give you the option to admit (agree), deny (disagree), or deny because of a lack of sufficient information (I don't know). The responding process remains the same.

2. Assert affirmative defenses

“Assert affirmative defenses” means giving legal reasons why you shouldn't lose the lawsuit or why you don't owe the debt. You should include a section in your Answer document for these relevant defenses.

Here are some of the most common affirmative defenses in debt collection cases:

  • The debt account is not yours.
  • The debt was canceled and, therefore, you don't owe the creditor.
  • The statute of limitations has expired. A statute of limitations on debt is a law that sets a time period that a debt collector or creditor can sue someone for a debt. In California, the statute of limitations on debt is at six years, so you can't be sued for a debt based on a contract that has had no activity on it for six or more years.
  • The debt was paid or excused.
  • The debt was partially paid.
  • You were a co-signer but were not informed of your obligation.

SoloSuit makes it easy to make the right defense, the right way.

These are examples of affirmative defenses acceptable in court. Being unable to pay the debt is not a legal defense and may harm your case.

3. File the answer with the court and serve the plaintiff

Filing an Answer can be the most difficult part of responding to a Summons for debt collection. California courts require defendant debtors who don't have an attorney to file the Answer by mail or in person. So, here's what you need to do:

  • Print two copies of your Answer.
  • Mail one copy to the court.
  • Pay the filing fee to the court.
  • Mail the other copy to the plaintiff's attorney.

SoloSuit can file your Answer for you and serve the opposing party.

The address for both should be in the Summons and Complaint you received in the mail. The attorney's address should be on the top left of the first page. The court's address should be in the first two paragraphs.

Pay the California Answer filing fee

California courts charge a mandatory filing fee to file your papers with the courts. Unfortunately, California also charges the highest filing fees in the nation; they range from $225–$450. SoloSuit calculates the fee for you and makes sure it gets to the court. The following is a breakdown of California civil filing fees:

California Answer Filing Fees
County


 Debt amount: $0 to $10K

 Debt amount: $10,000.001
to $35K		 Debt amount: $35,000.001
or more
Riverside $225 $395 $450
San Bernardino $240 $380 $435
San Francisco $225 $370 $450
All other counties $225 $370 $435

Watch this video to learn more about filing fees in California:

After filing your response, serve a copy to the plaintiff within thirty days. You can send it to the creditor or their lawyer. Ensure the person who delivers the response fills out a proof of service by mail. Send a copy of this form to the court after confirming delivery. There are several courts throughout California that do not accept Answers without a proof of service. SoloSuit has done the preliminary research to know which courts require a proof of service, and this form will be included with your Answer if you file through SoloSuit.

Fill out a fee waiver form if you cannot afford to pay the filing fee

In some cases, a person may not have the money to pay the filing fee because they earn a low income. The courts allow you to apply for a waiver. You can qualify for a waiver if:

  • You receive public benefits such as food stamps (CalFresh), general assistance, cal-works, and Medi-Cal.
  • Your overall income before taxes is less than the amount listed in the waiver form FW-001 section 5b.
  • The court concludes that you don't have the money to pay for your basic needs in addition to the court fees.

If you fall in the above category, make an official request by filling in Form FW-001. Follow these steps to successfully complete a fee waiver application in California:

  1. Read the entire document and ensure you understand the requirements.
  2. Fill out the form as you read each section carefully. Use this instruction form that highlights key areas that need special attention.
  3. Sign the form in the section labeled penalty of perjury. Ensure the information you enter is truthful and can be verified.
  4. Print out two copies.
  5. Submit the request to the court clerk, and they will tell you if the court accepts it.
  6. Submit your FW-001 form with a FW-003. This is the court's order that will be signed by the judge, so you only need to include your case information at the top of the form and leave the rest blank for the court to process. Many courts will deny a fee waiver if the fee waiver request is not submitted with the fee waiver order.

If the courts grant your request to waive filing fees, your other documents will be accepted and filed without the associated fees, and the court process will continue. Afterward, you can decide if you prefer to negotiate with the creditor out of court or proceed to court. If you take the case to court and win the lawsuit, you may be asked to pay the waived court fees after receiving compensation.

Use these other documents to win your debt collection lawsuit

SoloSuit can help you with the next step after answering a Summons and Complaint. You can send our Motion to Compel Arbitration to the creditor, which compels them to follow through with the arbitration clause in the contract. You can also send a debt settlement offer, which requests the creditor or debt buyer to settle the debt out of court. Our customizable documents help you solve your debt issues without a lawyer.

Make a Motion to Compel Arbitration in California

Making a motion to compel arbitration can be a powerful tool in a credit card debt case. Check your credit card agreement for an arbitration clause. If it's there, consider asking the court to move the case out of the traditional legal process and into arbitration.

To make a motion to compel arbitration in California, follow these steps:

  1. Draft the Motion: Use a tool like SoloSuit or draft a motion to compel arbitration yourself. Ensure that the motion clearly establishes the existence of a valid arbitration agreement.
  2. File the Motion: Pay the filing fee, which is $60 in California. Submit the motion to the court and serve a copy to the opposing party.
  3. Respond to Objections: Be prepared for the opposing party to contest the motion. They might argue that the arbitration agreement is invalid or unenforceable. You’ll need to provide evidence supporting the validity and applicability of the arbitration clause in your credit card agreement.
  4. Court Review: The court will examine the submissions from both parties to decide if the dispute should indeed be moved to arbitration based on the arbitration agreement and California law, which generally favors enforcing such agreements.
  5. Serve the Opposing Party: Once the motion is filed, serve it to the opposing party to formally notify them of your intent to seek arbitration.

There are several benefits to arbitration, such lower costs, faster resolution, and confidentiality. If you're dealing with a collection agency, there is a good chance they would rather drop the case than continue to pursue the debt through arbitration. However, if your arbitration clause states that you are responsible for arbitration costs, you may end up paying a pretty penny on top of your debt amount. So be sure you are fully informed on the potential outcomes, namely the cost, of arbitration before you file a motion to compel arbitration in California.

To learn more about how arbitration might benefit you in a credit card debt lawsuit, check out this video interview with a California attorney who shares her thoughts on arbitration:

If arbitration isn't an option in your California debt collection case, you might consider debt settlement as a path to resolve the matter for good.

Settle debt in California

Debt settlement means you pay off a portion of your debt, usually in a lump-sum payment, to clear your name of the debt and resolve it for good. Settlement can be a great option for both debtors and creditors because it helps debtors save money, but it also gets creditors at least a portion of what they lent back. It usually involves negotiating with the law firm that represents your creditor or debt collector to settle for less and cut out attorney fees, court costs, and interest.

Negotiating with a lawyer might sound intimidating, right? Well, debt settlement doesn't have to be scary or hard. In fact, we've simplified the process into three powerful tips for you. To settle your debt in California before your court date, follow these three steps:

  1. File an Answer into the case. This step prevents a default judgment against you and keeps your options open for negotiation. Even if you plan to settle from the beginning, it's important to file an Answer to block a default judgment and give yourself time for negotiating. SoloSuit can help you draft and file an Answer in California.

  2. Make a fair offer. Assess your finances to determine how much you can afford to pay and make a settlement offer to kickstart negotiations. Debts typically settle for 40% to 60% of the total debt amount. However, it's not uncommon to settle for as low as 10% to 30%, especially if the debt is older or if it's been sold to a debt buyer. Evaluate your debt and make a fair offer. We typically recommend starting low to give yourself room for negotiation.

  3. Get everything in writing. Once you reach an agreement, ensure the settlement terms are documented in writing. This protects you from any future claims on the same debt and in the case that the debt law firm changes its mind or goes back on its word. Here's an example of a debt settlement agreement, which is what you should file into your case.

We wanted to learn more about how to negotiate with creditors and debt collectors in California, so we interviewed a California debt attorney who shared some tips and tricks for debt settlement in the the Golden State. Check out the following video to watch the interview and learn how to resolve your California debt through settlement:

If the thought of negotiating with debt collectors, creditors, and debt lawyers scares you, you're not alone. That's why consumers everywhere are utilizing SoloSettle to negotiate debt settlement and put their debts behind them.

SoloSettle is a tech-driven approach to debt settlement and allows you to send and receive settlement offers until you've reached an agreement with your creditor or collector. Once you settle, SoloSettle will help you document the settlement legally in order to protect your rights and transfer your settlement payment to the collection agency for you, keeping your financial information secure and private.

Note that debt settlement will impact your credit score, and you may owe taxes on the amount forgiven.

Settle with SoloSettle

Make an Offer

California debt collection laws protect you

The Fair Debt Collection Practices Act applies to California residents and protects California consumers from unfair treatment by a debt collector. California also has a state-specific debt collection law known as the Rosenthal Fair Debt Collection Practices Act, which is outlined in Cal. Civ. Code § 1788 to 1788.33. This act is very similar to the federal FDCPA, but it adds to state-specific protections for consumers dealing with debt collectors.

Some of the specific actions prohibited under California debt collection laws include:

  • Threatening to use physical force or harm one’s reputation to collect a debt.
  • Falsely accusing a debtor of a crime or threatening legal actions that cannot legally be taken.
  • Harassing a consumer with continuous calls or failing to properly identify oneself as a debt collector.
  • Deceptively implying that the collector is an attorney or a government representative.

The Rosenthal Act also requires collectors to notify consumers if the debt is past the statute of limitations and clarifies that such debts cannot be pursued through legal actions, though they may still impact a consumer's credit rating.

Check the statute of limitations on debt in California before settling

Before you agree to pay off a debt or settle in California, be sure to check the statute of limitations on your debt. If enough time has already passed, the lawsuit may be invalid, and it's up to you to make this information known in the lawsuit.

The statute of limitations is the deadline that debt collectors have to file a lawsuit to collect on a debt. If they don't sue within the statute of limitations, they don't have legal grounds to take legal action, and you can use this as a defense in your case to get it dismissed.

The statute of limitations on debt in California is four years for most types of debt. The following table further outlines the statute of limitations on mortgage debt and judgments in California:

Statute of Limitations on Debt in California
Debt Type Deadline
Credit Card 4 years
Medical 4 years
Student Loan 4 years
Auto Loan 4 years
Mortgage 6 years
Personal Loan 6 years
Judgment 10 years
Findlaw

Check the status of your case in California

To check the status of your court case in California, you can visit the courthouse, call the court clerk, or find your case online.

Some courts do not have an online case search tool. If your case is filed in such a court, you can visit the courthouse or call the clerk to ask them to give you an update on your case. Just give the clerk your case number and name, and they will be able to find it in their system.

Many California courts offer a court case search tool so you can check the status of your case online without leaving the comfort of your own home or having to call and wait on hold. The following list contains California counties that offer case status updates online, complete with a link to the case search portal:

It's important to stay up to date on your case. Doing so will give you a better chance of resolving the matter or even winning the case. You'll be prepared for trials or hearings scheduled for your case and avoid losing the case for failure to show.

Find debt relief in California

California government programs offer debt relief and financial assistance to California residents dealing with debt problems. Consider these following government programs if you're looking for debt relief in California:

You may also consider debt settlement, debt consolidation, or bankruptcy if you're seeking debt relief in California. Each of these options can help you start the path to debt resolution.

Stop Wage Garnishment in California

Wage garnishment may happen to you if you were sued for the debt and the court ordered a default judgment, summary judgment, or other type of judgment against you. This essentially means that you lost the court case and a credit card company or debt collector is taking legal action granted by a court order to take money directly from your paycheck.

In California, the wage garnishment limit is the lesser of 25% of your disposable earnings or 50% of the amount by which your earnings exceed 40 times the state hourly minimum wage, as outlined in Cal. Civ. Proc. Code § 706.050. As you can imagine, this can seriously impact your financial wellbeing and your ability to support yourself and your family. Luckily, there are ways to stop wage garnishment in California, and we're going to show you how below.

Settle your debt before a judgment is entered in the case

Instead of stopping wage garnishment, why not avoid it? Before the court orders a judgment against you, consider settling the debt. You can negotiate to pay a lump-sum amount that is less than the full debt. Many collection agencies are willing to settle for less, especially if they're a debt buyer like LVNV Funding or Midland Credit Management. Debt settlement can be a feasible option if you don't have enough to pay the debt in full but can manage a partial payment. Tools like SoloSettle can facilitate this process by helping you negotiate and manage settlement payments.

File a Claim of Exemption

If wage garnishment has already begun and it's making it impossible for you to meet your basic living expenses, you can file a claim of exemption. This legal document, if approved, can reduce or completely stop the garnishment. The court considers your financial situation and the needs of your dependents when determining eligibility for an exemption.

Fight the lawsuit

If you have evidence that you don't owe the debt, or that the amount claimed is incorrect, you should fight the lawsuit in court. In your Answer, dispute the creditor’s claims and present your defense by outlining the debt's invalidity. If you never got the chance to fight back because you never received notice of the lawsuit, consider filing a motion to set aside judgment. This motion asks the court to reconsider any judgments already entered in the case and give you another opportunity to respond and defend yourself.

File bankruptcy

Bankruptcy can also stop wage garnishment, but it should only be considered as a last resort because of its long-term effects on your credit score and financial status. Bankruptcy is a legal process that discharges your debts and gives you a fresh start.

FAQs about debt collection in California

Now that we've covered the basics of how to respond to a debt lawsuit and resolve debt in California, let's take a look at some frequently asked questions about debt collection in the Golden State.

What happens if I move residences during the lawsuit?

If you move residences during your California lawsuit, you should notify the court and the plaintiff. You can fill out a MC-040 form and file it into the case to serve as an official notice of your change of address.

What happens when there's a default in the case?

When there is a default in a case, debt collectors and creditors can take further action to collect a debt such as wage garnishment, freezing a bank account, and putting liens on private property.

If there is a default judgment entered in your case, you can still fight the suit. You may have to file a motion to vacate judgment in order to move the case forward and present a new defense to the court. If granted, a motion to vacate judgment would give the defendant another opportunity to file an Answer into the case.

What Is a Rule 3.740 Collections Defense in California?


Rule 3.740 collections defense is the rule listed under California civil procedure that states debt collectors and creditors can initiate a collections case to recover money owed, as long as the debt amount owed is less than $25,000 and is related to credit cards or money owed from property transactions.

So, if you owe money to a credit card company, they may utilize Rule 3.740 of California law to sue you for the money owed. To learn more about Rule 3.740 and how it may apply to your case, check out California's rules of civil procedure here.

Where can I find free legal help in California?

To find legal aid in California, first check with your county's courthouse to see what programs are offered locally. California's judicial branch also provides several statewide legal aid services for people who cannot afford to hire an attorney in their civil or small claims cases. These organizations may not be able to give legal advice due to federal regulations, but they can point consumers in the right direction.

What is the potential length of the lawsuit process in California?

The debt lawsuit process can be lengthy, lasting months or even more than a year in some cases. In fact, for many California cases, a year will pass from the time you receive the court summons until the case goes to trial. To learn more about the lawsuit process, we asked a licensed and practicing attorney. Check out the video below to see what we learned about the debt lawsuit process in California:

Can a debt collector take my car in California?

If you have a personal vehicle in California, a debt collector can legally take your car, sell it, and use the money to settle the debt. There's one crucial thing to keep in mind. If your debt is related to a property like a piece of land or defaulted on a car loan, these possessions can be repossessed to settle the debts.

File an Answer in your local court in California

We've listed all the courts in California where you might get sued for debt. Find your local court below to start filing your Answer there. Good luck!

Respond with SoloSuit

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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Statute of Limitations on Debt Collection by State (Best Guide)

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Civil law legal definitions

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