How To Answer a California Court Summons for Debt Collection

If you’re sued for debt in California, you have 30 days to respond. You’ll file an answer and proof of service form with the court. You’ll also need an adult who isn’t part of the lawsuit to serve a copy on the plaintiff. After filing your paperwork, wait for instructions from the court. Comply with all pretrial requests and show up to scheduled hearings. Many free legal help services are available if you need assistance.

How Do Debt Collection Lawsuits in California Work?

Debt collectors may sue you if you ignore an overdue debt. Most debt collectors hire lawyers to file these cases.

In California, consumer debt collection lawsuits are civil cases. They’re filed in local trial courts, also called superior courts. These courts differ from small claims courts.

Small claims courts in California handle individuals suing for $10,000 or less. Businesses can sue for $5,000 or less. Lawyers aren’t generally allowed in small claims courts. That’s why consumer debt collection cases aren’t usually heard there.

You’ll know you’ve been sued when you receive a summons and complaint.

If you need help responding to the lawsuit, consider our partner Solo. They’ve helped over 300,000 people respond to debt lawsuits and settle debts.

What Is a Summons and Complaint?

The summons is formal notice stating you’re being sued. It tells you who is suing you (the plaintiff). It also lists which court is handling the case. The deadline to respond is included on the summons.

The complaint is the plaintiff’s list of allegations against you. For example, if you’re sued for unpaid credit card debt, you may face breach of contract claims. The plaintiff will specify the amount you allegedly owe plus interest. Plaintiffs often try to recover their legal fees and court costs.

The debt collector hopes the judge will issue a judgment. If that happens, you risk wage garnishment, bank account levy, or property lien.

What Happens if You Don’t Respond to the Lawsuit?

Ignoring the summons will likely result in losing by default. Not responding or appearing in court allows a default judgment. Default judgments empower debt collectors to garnish your wages. They can take money directly from your bank account with a levy. They can also put a lien on your property.

Getting sued is incredibly stressful and confusing. Free legal help resources are available (see information at the end). You can also represent yourself. Your chances of winning might be better than you think. Debt buyers use lawsuits as a strategy. They hope you don’t respond so they get an easy win. Don’t let them.

How To Answer a California Court Summons for Debt Collection

You have 30 days from service to respond to the lawsuit. You respond by filling out an answer form. You’ll file it with the court and deliver it to the plaintiff.

The California court system offers exceptional online self-help guides. The self-help guide for debt lawsuits is easy to navigate and understand. You can speak with the court clerk at the courthouse listed on your summons. Court clerks can’t give legal advice. But they’re very knowledgeable about court processes.

Step 1: Get an Answer Form

After receiving the summons and complaint, you have 30 days to file a response. You file an answer form, which you can download as a fillable PDF online. You can also print the form or get a copy from the courthouse. Fill it out by hand if needed.

Step 2: Fill Out the Answer Form

The top part of the answer form is straightforward. You’ll write or type the plaintiff’s name and contact information. Include the court’s information. You can get this from the summons and complaint documents.

Since you’re answering a complaint, check the “TO COMPLAINT OF” box. Add the name of the party suing you.

The first numbered item asks how many pages are included. Fill this out when you finish preparing your answer. You may want to include extra pages to explain your answers. You can also provide evidence of any defenses you raise.

Write your name under “2. DEFENDANT.”

The third numbered item asks you to check one of two boxes. The first box is a blanket denial of all claims. The second box allows you to agree with some claims while denying others. You can also tell the judge you don’t know if certain claims are true.

After both statements, the form asks you to use paragraph numbers or explain. Reference the claims on the complaint form. Claims should be listed in numbered paragraphs. Reference any claims you believe are false or lack information about.

You don’t have to provide an explanation. You could just write in the paragraph numbers. If you include an explanation, keep it brief. For example, if a claim states you owe a certain amount, but you paid in full, say so. Attach proof of payment.

Step 3: Assert Your Affirmative Defenses & Request to the Court

The answer form in California is two pages long. On page two, you can list any affirmative defenses.

Affirmative defenses are reasons the plaintiff shouldn’t win the case. For example, if the debt collector broke consumer protection laws, raise this as an affirmative defense.

Here are common affirmative defenses in debt collection lawsuits:

• The debt is too old (the statute of limitations has expired)
• You don’t owe the debt due to identity theft or full payment
• The debt was discharged in bankruptcy

You must list your affirmative defenses as part of your answer. You can’t bring them up later if you didn’t include them.

The Ventura County Superior Court has a self-help document explaining affirmative defenses.

The final item on the form reads “DEFENDANT PRAYS” and offers three options. You’re asking the court to do something. You can ask:

• That the plaintiff take nothing (dismiss the case)
• For money to cover the costs of the lawsuit
• For another remedy, which you must specify

Finally, sign the form. Then make three copies: one for you, one to file with the clerk, and one to serve on the plaintiff. Bring all three copies to court for the clerk to stamp.

Step 4: Deliver a Copy of Your Answer to the Plaintiff

Before filing your answer forms with the court, deliver a copy to the plaintiff. The formal term is “serving a copy on the plaintiff.” Service means formally delivering court paperwork to an opposing party.

California has specific rules for service. Papers can be mailed first-class, but you can’t do the mailing yourself. Choose an adult not involved in the case to serve (mail) the papers. Use someone you know and trust or a professional process server. Professional servers charge fees for serving paperwork.

Ask the person who serves the answer form to fill out and sign a Proof of Service form. Make two copies of the completed form.

Step 5: File Your Answer Form and Pay the Filing Fee (or Request a Fee Waiver)

When you file your answer paperwork with the court, you’ll need:

• Two copies of the answer form
• Three copies of the proof of service form
• The filing fee or fee waiver request

California has steep fees to file an answer. You can file a waiver request. You qualify for the fee waiver if:

• You receive public benefits such as Medi-Cal, Food Stamps (CalFresh), SSI, or unemployment benefits
• Your household income is below a certain threshold
• You can prove you can’t pay the filing fee and meet basic needs

File your forms with the court in person at the courthouse listed on the summons. You can also file by mail. If filing by mail, include the filing fee and a self-addressed stamped envelope. The court will return stamped copies of your document. If your local court allows, you may be able to e-file the forms online. Check with your local court clerk.

What Happens After You Respond to the Lawsuit?

After filing your papers with the court, wait to receive information. You’ll get notice about an upcoming hearing (trial) or other appearances. A case management conference may be scheduled. Respond to any requests related to the case. If you don’t, you can lose by default.

Debt collection cases for credit card debts, medical bills, and consumer debts are heard in civil trial courts. You can represent yourself in these cases. But you need the time and commitment required to properly prepare for trial. If you want an attorney but can’t afford one, check out the final section on free legal help.

Need help responding to your debt lawsuit? Our partner Solo can help you respond to the complaint within your 30-day deadline.

What Do You Do if the Court Already Issued a Default Judgment Against You?

You may be able to get the court to set aside (cancel) the default judgment if:

• You didn’t receive the summons and complaint
• You had a good reason for not responding to the summons
• You didn’t understand the court case or didn’t know about it
• You responded to the summons but missed the hearing with good cause

You must make a formal request to the court. Courts call this formal request a motion. The court acknowledges this can be a complicated process. Getting legal help is advised. You may be able to get free legal help from the resources listed below.

Need Free Legal Help?

• The State Bar of California has compiled a list of resources for free legal help.
• The Legal Aid Association of California has a legal directory. Search for free legal help by location and legal topic.
• Public Law Libraries have self-help information online. They also offer in-person legal clinics where you can get assistance.
• You can get free legal help, but not advice, from the California Courts’ Self-Help Service.
• Our partner Solo is an online service that can help you respond to a debt lawsuit.