Susan Kathryn Ashabraner’s Answers

Mail it to the top-most attorney at his law firm. If you were personally served with (handed) the summons and complaint, then you must serve a *copy* of the Answer on plaintiff's counsel -- and file with the court your *original* Answer, with original proof of service attached -- no later than 30 days after the date you were served. For example, if a process server handed you the summons and complaint on May 15, then the deadline to file and serve your answer is June 14.

Don't pay a cent until/unless the creditor itself (not the collection agency -- the one who owns the debt) signs the settlement agreement.

Yes. But the venue (court's filing location) will depend upon the terms of the contract, your residence or other factors.

Since you stated the case numbers are different for the vacated Citibank matter and the new Citibank matter (for which your wages are being garnished), I suggest you visit the courthouse where the new matter was filed. Ask the court clerk to give you copies of all the documents filed in the case; she will probably charge you $.50 per page. Then examine the documents -- one of which probably will be a default judgment -- and consult with an attorney to determine your legal options. Since this...

When you ask the sheriff to levy the bank account, send him two sets of instructions and two levy fees (one for each defendant) along with the writ. The sheriff will then levy the bank account for both John Doe AND Jack Doe. The sheriff will only collect enough money to satisfy the writ, i.e., he won't collect double the writ amount. Follow the same procedure when you ask the sheriff to garnish each defendant's wages, even if they work for the same company. Good luck.

I will respond assuming (1) you're DEFENDING a collections lawsuit and (2) the matter is LIMITED civil rather than UNLIMITED civil. CCP section 94 governs discovery for limited civil matters. This statute states a party can only propound (request) a combined total of 35 written interrogatories, requests for admission and requests for production of documents, in any combination. This is nicknamed the Rule of 35. See http://codes.lp.findlaw.com/cacode/CCP/3/1/1/5.1/2/s94 It appears...

The only persons who are permitted to "practice law" in the State of California are active members of the State Bar of California. Practicing law means applying the law to the facts. Many attorneys employ staff to assist them with their cases. The staff member may communicate with clients and opposing parties with the attorney's supervision. This is probably what occurred in your case. I agree with other counsel that you should get the extension agreement in writing. Make sure the...

I agree with my colleagues. It would be unwise for us to advise you how to respond without reviewing all the facts and reviewing the specific question. After all, you will be responding to plaintiff's question under penalty of perjury. Don't forget to assert any and all available objections in addition to responding.

Your creditors can only lien and/or levy your income and assets if they sue you and obtain a judgment against you. You can either continue to pay your creditors to maintain your credit rating, or you can let your accounts become delinquent, as your creditors advised. Some creditors, particularly credit card companies, will not negotiate payment plans unless your account is delinquent. Even so, they may not necessarily lower the balance due on those accounts. A Chapter 7 bankruptcy will...

The General Denial (http://www.courts.ca.gov/documents/pld050.pdf) needs its own Proof of Service (http://www.courts.ca.gov/documents/pos040.pdf). Attach the proof of service to the General Denial as the last page. You cannot serve the copy of the General Denial because you are a party to the action; you must have a non-party, such as an attorney, friend, family member, business associate, neighbor, etc. serve the document and sign the POS. FWIW, I prefer that defendants in contract...