I am being sued by unifund for a old credit card debt of 1500+ interest etc. I was given a summon a few days ago. I don't know

Asked over 1 year ago - Richmond, CA

What to do. Do I answer back? What are the proper steps?

Attorney answers (5)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    7

    Lawyers agree

    Answered . In the event you absolutely cannot afford an attorney to defend you, you can represent yourself "in pro per". You would file either an Answer or a General Denial, and pay the first appearance filing fee.

    The form for the Answer is (Judicial Council Form PLD-C-010):

    http://www.courts.ca.gov/documents/pldc010.pdf

    The form for the General Denial is (Judicial Council Form PLD-050):

    http://www.courts.ca.gov/documents/pld050.pdf

    The answer does not need to be notarized.

    File the original Answer and submit one copy to be "conformed" to the court clerk. Have another copy mailed to the plaintiff's counsel. Someone other than yourself should sign the Proof of Service.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Robert Harlan Stempler

    Contributor Level 19

    5

    Lawyers agree

    Answered . Before you need to know the "steps" to litigate, I'd recommend you first explore your options, including discussing this with an experienced debt collection defense attorney, who will elaborate on your particular situation. The first video on the home page of my web site reviews your options and on my law blog I have several postings for DIY debt collection defense.

    Have you seen if you can settle this debt or spoken with a debt collection consumer attorney, yet? I urge you not to frustrate yourself trying to go up against a law firm that can get a judgment against you, after you have filed your responsive papers in court. I have linked to a particular blog on your next steps.

    Robert Stempler (please see DISCLAIMER below)
    www.StopCollectionLawsuits.com
    www.facebook.com/SoCalConsumerLawyer
    Twitter: @RStempler

    NOTICE: The above statements are provided for general information purposes only and are not intended as legal... more
  3. Malosack Berjis

    Contributor Level 20

    5

    Lawyers agree

    Answered . Just to add one more thing to Mr. Chen's response, in the event you cannot afford to pay the first appearance fee, you can try to get a fee waiver, if you qualify. The link below is from the California Courts website and explains fee waivers. Best of luck to you.

  4. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you dont file a proper answer w/in the reqd timeframe, they will automatically get a judgment against you for the amount they are suing for, plus costs and atty fees. if the debt is old, it may be beyond the statute of limitations, and you may have a defense. You should review this with a local debt defense atty right away.

  5. Crosby Scott Connolly

    Contributor Level 11

    3

    Lawyers agree

    Answered . You could have defenses. Feel free to contact our offices for a free consultation on your rights - 619 233 7770.

    Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,224 answers this week

3,014 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,224 answers this week

3,014 attorneys answering