Lawsuit

[Calixanonym]

There’s a lawsuit filed against me. I was served a summon and complaint for credit card debt. The credit card company had turned it over to a law firm and that is who filed the lawsuit. I contacted the law firm (plaintiff) the day after to set up a payment arrangement but I’m not sure if I should still file a response with the court. The law firm said it’ll take weeks until the court is notified of the stipulation.

 

[quincy]

What is the name of your state?

You should respond to the complaint. File your answer within the time required.

 

[adjusterjack]

The law firm said it’ll take weeks until the court is notified of the stipulation.

BS.

The lawyer could have that typed up, signed by both of you, and filed with the court in a day or two.

What the lawyer wants is a default judgment if you don't follow through with filing an answer to the complaint by the deadline.

 

[quincy]

Agreed. It sounds like the debt collector/collection attorney might be looking for an easy default judgment.

 

[Calixanonym]

What is the name of your state?

You should respond to the complaint. File your answer within the time required.

California. I’m so confuse as to whether I’m suppose to file an answer or a response. I was told they’re two different forms. I was also informed by one of the courthouse clerk that if I do file a response, that the ball would be in the plaintiff’s hand. Please help!

 

[quincy]

California. I’m so confuse as to whether I’m suppose to file an answer or a response. I was told they’re two different forms. I was also informed by one of the courthouse clerk that if I do file a response, that the ball would be in the plaintiff’s hand. Please help!

If you received a summons and complaint, you file an answer to the complaint.

 

[Zigner]

There are several kinds of responses. An "answer" is a specific kind of response. See this page for more information: https://www.courts.ca.gov/1305.htm

(click on "Options When You are Sued")

 

[Zigner]

If you received a summons and complaint, you file an answer to the complaint.

Technically, there are ways to "respond" that are not an "answer".

 

[Zigner]

Calixanonym, I want to be clear. The most common way to respond to a lawsuit is with an answer...but you do have other options. Whether those other options actually apply in your specific situation is something that you would need to decide, and if you can't decide, then you will need to speak to an attorney because we can't legally advise you in that manner.

 

[Calixanonym]

If you received a summons and complaint, you file an answer to the complaint.

I was served on March 11th, which was this past Monday but on the forms it shows that the summons and complaint was stamped by the court on February 22. Do I have 30 days from when I was served or 30 days from the date stamped on the forms ? Thank you!!

 

[Zigner]

I believe that it says it right on the summons: 30 days from when it was served on you.

 

[quincy]

Zigner provided a link that tells you what to do.

 

[Calixanonym]

There are several kinds of responses. An "answer" is a specific kind of response. See this page for more information: https://www.courts.ca.gov/1305.htm

(click on "Options When You are Sued")

Thank you for the link!! I do see that it says I have 30 days from the day I was served but when I was speaking to the courthouse clerk this morning she said the court has no proof or document stating when the plaintiff served me and for all they know and can go by is the date stamped on the forms and that my 30 days starts there. Either way, I will definitely go in tomorrow to file that answer just to be on the “safe side”. Thank you all very much !!! It is greatly appreciated.

 

[Zigner]

Thank you for the link!! I do see that it says I have 30 days from the day I was served but when I was speaking to the courthouse clerk this morning she said the court has no proof or document stating when the plaintiff served me and for all they know and can go by is the date stamped on the forms and that my 30 days starts there. Either way, I will definitely go in tomorrow to file that answer just to be on the “safe side”. Thank you all very much !!! It is greatly appreciated.

There will be a "proof of service" filed at the court - that will have the date.
I think the take-away from the clerk's information is to do it sooner rather than later. It sounds to me like you are going to rush some sort of response, and that would be foolish because an incorrect response is the same as no response.

 

[Calixanonym]

There will be a "proof of service" filed at the court - that will have the date.
I think the take-away from the clerk's information is to do it sooner rather than later. It sounds to me like you are going to rush some sort of response, and that would be foolish because an incorrect response is the same as no response.

I’m back to square one. I was just going to file an answer acknowledging that I’m aware of the debt and agree that its true.