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How to answer a summons to credit card lawsuit (california)

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    How to answer a summons to credit card lawsuit (california)

    Have you been sued and successfully served by a credit card company / lender? You must file an answer or a default judgement will be passed! Ive researched for weeks with info scattered everywhere. Save time with these helpful links

    A step by step guide from Sacramento Self Help Library on how to file an answer.

    Answering a breach of contract - step by step process

    You will need some 'affirmative defenses' in your answer. Here is an list to further research on

    https://saclaw.org/wp-content/uploads/form-attach4.pdf

    Once thats done, you will need to mail it off. But you cant do it personally, so find a friend/relative/uninvolved party to serve the response by mail

    How to Accomplish Proof of Service by Mail in California

    And of course you need to pay the filing fee of $371. Court has to make its cut somehow right? Here are is a list of all the wonderful fees you may encounter while you pursue justice.

    Statewide civil fee schedule

    Lastly, if you want to file for BK, you need to alert the court and the suing party AFTER filing for BK. Here is how:

    Halting a Lawsuit after Filing for Bankruptcy

    note: if you file for BK before the summons response period is up, AND you havent answered, you DONT have to pay the first paper fee of $371. Instead you notify the other party attorney and they are responsible for telling the court.

    The rule is Rule 3.650:
    "Notice of stay:

    The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. If the person who requested or caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. The notice of stay must be served on all parties who have appeared in the case."



    Good luck and welcome to the jungle!


    Last edited by bornfree2; 05-06-2021, 06:58 AM.

    #2
    When I was waiting to do my Chapter 7, there was some collection agency that was staffed by Indians (i.e., as in subcontinent of India), and there wanted me to give my current address. I gave them my *legal* address, which was an unimproved homesite, and told them to go pound sand.

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