In CA...Got our first summons today...help?

[AllMyFault]

Okay, so we're still planning a 7 filing and still trying to buy more time before filing. We got our first summons today in my wifes name. I really can't afford to pay an attorney to handle this yet and I have to respond within 30 days.

My question is:
Has anyone in CA responded to one of these on their own? (no attorney)
How would you suggest I respond to buy myself more time?
Should I disagree with and argue the alleged amount due?
It says on the summons there is a website to go to and download your own forms for filing.

Any help would be greatly appreciated!

[liboton21]

From what debtor did you get the summons?

[newbie2]

Absolutely answer the complaint. This will buy you more time. Instead of the creditor receiving a quick default judgement you will receive a court date to appear, hopefully in a couple of months (depending upon how busy the court is..).

[helpmeout]

You need to respond. And when you do, make sure the court gets it on the last possible date it can.

[liboton21]

Have you send a DV letter to the creditor prior to the summons?

[gacreditguy]

first and foremost, stay calm... a few questions;

Who is it that is trying to sue you?
What is the amount they are suing for?
How long ago did you last pay anything on this debt?
Is this debt yours?
Where is CA are you?

Per the other posters comments, you will have to answer the complaint within the 30 day period. Remember this is calendar days, NOT business days!

Check out this google search and call around to see if any of these attorneys will work with you on a contigency fee basis. That is where you may pay a small fee upfront and then they will file the answer and in turn countersue on your behalf and they collect their money from the collector suing you.

[AllMyFault]

Who is it that is trying to sue you?
What is the amount they are suing for?
How long ago did you last pay anything on this debt?
Is this debt yours?
Where is CA are you?

Per the other posters comments, you will have to answer the complaint within the 30 day period. Remember this is calendar days, NOT business days!

Check out this google search and call around to see if any of these attorneys will work with you on a contigency fee basis. That is where you may pay a small fee upfront and then they will file the answer and in turn countersue on your behalf and they collect their money from the collector suing you.

DV letter?
It's Chase that's suing for $11,000
Haven't paid since Oct 2009
I'm in Riverside County, CA
The debt is mine

Thank you guys and girls for so much input!

[gacreditguy]

Thanks for the update OP.. You noted it was Chase. Just to be specific here, Is it actually Chase? Is it showing anything relating to a collection agency?

Research that link in google and look at the attorneys. Even if they cannot, then look up paralegals that can assist in filing an answer. Regardless, be sure you file that answer as that will get more time for you so actually file.

When are you planning on filing? Why the delay?

[AllMyFault]

Thanks for the update OP.. You noted it was Chase. Just to be specific here, Is it actually Chase? Is it showing anything relating to a collection agency?

Research that link in google and look at the attorneys. Even if they cannot, then look up paralegals that can assist in filing an answer. Regardless, be sure you file that answer as that will get more time for you so actually file.

When are you planning on filing? Why the delay?

Yes, it is JP Morgan Chase
The reason for the wait:
I need home values to come down a little more so we can keep the home through this.....still have a little too much equity. (believe it or not)

Thanks again.....I'll look into that link

[liz417]

Are you sure you have too much equity in the home, have you had it appraised recently? Okay, is it an actual summons with a court date or is it an "official" looking paper (got those several times)? I think I read that you can "stall" by questioning the amount of the debt.

P.S. I surprised that Chase is moving so quickly on this, I went a year without paying and had a $27k debt with them....hmmm....

[AllMyFault]

Are you sure you have too much equity in the home, have you had it appraised recently? Okay, is it an actual summons with a court date or is it an "official" looking paper (got those several times)? I think I read that you can "stall" by questioning the amount of the debt.

P.S. I surprised that Chase is moving so quickly on this, I went a year without paying and had a $27k debt with them....hmmm....

Yes, this is a official legal doc from the court titled; Summons.
On the second to last page of the summons there's a page / document titled; Notice Of Order To Show Cause Hearing
It says; "You are hereby noticed to personally appear on 03/03/2011."

According to Zillow and a local real estate agent that knows the area real well we still have about 35k in 'excess' equity. We're hoping that it comes down a little more and hopefully a trustee won't bother with it.

[gacreditguy]

Yes, this is a official legal doc from the court titled; Summons.
On the second to last page of the summons there's a page / document titled; Notice Of Order To Show Cause Hearing
It says; "You are hereby noticed to personally appear on 03/03/2011."

According to Zillow and a local real estate agent that knows the area real well we still have about 35k in 'excess' equity. We're hoping that it comes down a little more and hopefully a trustee won't bother with it.

I would confirm that date with the court. In addition, regardless FILE AN ANSWER.. Also, NEVER NEVER NEVER admit to anything..

[albacore44]

Yes, this is a official legal doc from the court titled; Summons.
On the second to last page of the summons there's a page / document titled; Notice Of Order To Show Cause Hearing
It says; "You are hereby noticed to personally appear on 03/03/2011."

According to Zillow and a local real estate agent that knows the area real well we still have about 35k in 'excess' equity. We're hoping that it comes down a little more and hopefully a trustee won't bother with it.

wow. that was quick. i'm in Riverside, and am Discharging 5 Chase cards. dident pay for almost a year. Yes, they do have their own Law firm, it's up in LA, I'm sure thats who is after you. did you say the Court date is May 2011 ?? check the Riverside court website, it is user friendly. look under your name to see if its actually filed. If you dont see it there call the court clerk. From what i know they dont set a court date untill after you answer the summons, so this all sounds odd.

Also, i'm assuming this is on a Credit card ??

[blockhead]

DV won't help much - you've been sued. ANSWER IT and submit answer to the court in the allotted time.

[Coldplay]

DV won't help much - you've been sued. ANSWER IT and submit answer to the court in the allotted time.

What is a DV ?