California Legal Help
If a creditor, debt buyer, or collection agency has sued you in California, you usually have 30 calendar days after being served to file a written response. Here's how to find your deadline, which court you're in, and how to respond.
In most California civil cases, you have 30 calendar days after the summons and complaint are personally handed to you to file a written response with the court (Code of Civil Procedure section 412.20).
If the papers were left with someone else at your home or work and then mailed to you, service isn't complete until 10 days after the mailing, and your 30 days start after that (section 415.20). If the last day falls on a weekend or court holiday, the deadline moves to the next court day.
Your summons (form SUM-100) tells you which court your case is in. Count from the date you were served, not the date you read the papers.
Individuals can claim up to $12,500. There's no written answer; you go to the hearing on your notice. Lawyers generally can't represent either side at the hearing, and a claim that was assigned to someone else, such as a debt sold to a debt buyer, can't be filed in small claims.
Cases for $35,000 or less. Most debt collection lawsuits are limited civil cases, and you respond with a written Answer.
Cases for more than $35,000, with fuller procedures and higher filing fees.
Many debt cases are filed on Judicial Council form PLD-C-001 (Complaint—Contract). You can respond on form PLD-C-010 (Answer—Contract).
Admit or deny what the plaintiff claims, following the instructions on the Answer form.
Defenses such as the statute of limitations, lack of standing, or improper service generally have to be raised in your Answer.
File your Answer with the superior court clerk and pay the filing fee, or ask for a fee waiver with form FW-001 if you can't afford it.
Have an adult who isn't part of the case mail a copy to the plaintiff's attorney, then file a proof of service such as form POS-030.
California's Rosenthal Act (Civil Code section 1788 and following) applies debt collection rules to original creditors as well as collection agencies.
Debt buyers must include specific information about the debt in their complaint and can't sue on a debt after the statute of limitations has run (Civil Code sections 1788.50 to 1788.64).
Generally 4 years for a written contract or open book account (Code of Civil Procedure section 337) and 2 years for an oral contract (section 339).
Tell us about your lawsuit, and we'll help you prepare a court-ready Answer before your deadline.
