Summons in California ... now what?

[proto]

Anyone here have similar experiences in California?

Been unemployed for 3 yrs. Haven't been able to find work. Been trying to start various businesses but no income generated from any. My last unemployment check was deposited last week. Just yesterday I was served summons to appear in San Jose, California court. I have no money at all so a bit surprised Citibank decided to sue me.

Stopped paying all CA about 1 year ago.

Should I answer the courts ASAP and what should I say?

I know asking a lawyer would be the thing to do but can't afford one right now.

Hope to file within 2 month pro se.

I'm just not sure what to do next.

Any advice?

[blockhead]

File an answer with the court to kick the can down the road.

[DEBTCHAINS]

and you have 30 days to respond to the court, so wait till the tail end to give yourself more time.

[tcreegan]

summons hassle but no big

Hi proto,

The suit from Citi is not a big deal if you are going to file BK in the near future. File an answer with the court (as late as possible). Ask for a last statement and summary. When they do that, ask for a copy of the credit agreement. Etc. just get the trial date pushed back to after your filing date. (lots of advice on this topic in other parts of the forum) When you file, send a copy of your bankruptcy notice w/ file date and case # to the court. Case should be dismissed.

Alternate scenario. Do nothing. Citi wins a default judgement. Long before they can try to collect it (no wages to garnish, no bank accts to levy) you file BK. Citi get notice of BK. Now go through hassle of having judgement vacated or at least removed from your credit reports.....later when you are rebuilding your credit.

Also, if you are pro se, did you know about the NOLO book? Apparently available online or in bookstores and very, very helpful.

Hope this helps,

Tom in Colo

[LadyInTheRed]

For help filing a response, see my post at http://www.bkforum.com/showthread.ph...ocedure&page=2

You may find the court's "self help" page helpful. http://www.scselfservice.org/civ/default.htm#help

For a low cost half hour consultation with an attorney, try the county Bar Association: http://www.sccba.com/framemaker.cfm?...arch_front.cfm

Simply filing a response on the last day it is due should buy you the time you need.