Answering a suit to stall in California

[keptdigging]

I've seen two conflicting pieces of advice about creditor lawsuits:

1. Always answer to slow them down.
2. Don't bother answering if it's an original creditor (OC) because they'll just get a quick motion for summary judgment.

I'm in California, and want, very much, to slow them down. I learned thanks to previous thread (thanks everyone) and looking at the court's case database that Default Judgments can get entered VERY quickly once your 30 days to answer (after being served) are up.

I also saw that about 2/3 of those sued by Amex answered. And it introduced a two or three months between the time the answer was received and a case management conference. That's the time I want. My instinct tells me to try to drag out the process, but push the BK button before I actually start wasting a judges time.

I can't believe that all of these cases answered were seriously in dispute.

Q1: Is there some sort of generic denial/answer that is typically filed as a response?
Q2: Is there a quick process for a Motion for Summary Judgment in California that would make a generic denial a waste of time.

Yes: ask my attorney. Except I'm still a ways from finding the attorney I want to go into battle with. And my 30 days is one process server away...

[blondeinmn]

Answer the suit, but do it properly. I'm not familiar with the civil rules of procedure for California so I can't help you there. Just be sure you follow the correct procedure for your state otherwise your response could be invalid and still result in a default judgement.

[jacko]

So, you get sued.. Whats the big deal? Are you collection proof? Have you thought of opening a WalMart Visa moneycard to stash some cash? Amex has already freaked you out with out filing yet. Be in control, there are no debtor prisons in this country.

I've seen two conflicting pieces of advice about creditor lawsuits:

1. Always answer to slow them down.
2. Don't bother answering if it's an original creditor (OC) because they'll just get a quick motion for summary judgment.

I'm in California, and want, very much, to slow them down. I learned thanks to previous thread (thanks everyone) and looking at the court's case database that Default Judgments can get entered VERY quickly once your 30 days to answer (after being served) are up.

I also saw that about 2/3 of those sued by Amex answered. And it introduced a two or three months between the time the answer was received and a case management conference. That's the time I want. My instinct tells me to try to drag out the process, but push the BK button before I actually start wasting a judges time.

I can't believe that all of these cases answered were seriously in dispute.

Q1: Is there some sort of generic denial/answer that is typically filed as a response?
Q2: Is there a quick process for a Motion for Summary Judgment in California that would make a generic denial a waste of time.

Yes: ask my attorney. Except I'm still a ways from finding the attorney I want to go into battle with. And my 30 days is one process server away...

[keptdigging]

So, you get sued.. Whats the big deal? Are you collection proof? Have you thought of opening a WalMart Visa moneycard to stash some cash? Amex has already freaked you out with out filing yet. Be in control, there are no debtor prisons in this country.

They HAVE filed it's in the court database. And it would be a lot easier to wait out my time being able to use ebay paypal and the banking system. Plus I'd like to not commit perjury in a debtor's exam. They caught a whiff of assets and they're right. I can exempt it all in a bk (calif system 2) but not from collections.

The answer may be just to go ahead and file and risk an AP or 3... but I'm looking for options. For one thing I need to retain an attorney out of assets!

But I appreciate your attitude.

[jacko]

Are you married with family? If so, that would be a huge exemption that would not be garnished. Have you added to your IRA? There are legal methods to protect your cash. When you grocery shop and or get gas pay with a debit card to get cash back. Also, Pay Pal offers a MasterCard debit card.

They HAVE filed it's in the court database. And it would be a lot easier to wait out my time being able to use ebay paypal and the banking system. Plus I'd like to not commit perjury in a debtor's exam. They caught a whiff of assets and they're right. I can exempt it all in a bk (calif system 2) but not from collections.

The answer may be just to go ahead and file and risk an AP or 3... but I'm looking for options. For one thing I need to retain an attorney out of assets!

But I appreciate your attitude.

[dscurlock]

I have one creditor that wants me to give up my life savings so
they can sleep a little better at night. I hope they send me a
judgement, I will answer with an attorney showing up...they
can do some good stuff, and for a few hundred, it would be
worth it, if he could get it dismissed...attorneys would know
the rules and loopholes that we do not know...

[keptdigging]

Are you married with family? If so, that would be a huge exemption that would not be garnished. Have you added to your IRA? There are legal methods to protect your cash. When you grocery shop and or get gas pay with a debit card to get cash back. Also, Pay Pal offers a MasterCard debit card.

yes, one way or another there isn't going to be money in a bank waiting for them. If all else fails it'll go under the mattress. (With receipts as I spend it for the trustee.)

Paypal is an interesting issue too. At the risk of getting banned from this site for being a serial threadstarter (just kidding I hope!) I should start a thread on them. Their terms actually require you to keep a good credit score.