How to Answer a Summons for Debt Collection in California (2025)

Getting sued for debt is stressful. Ignoring the Summons will only make your financial situation worse. The best approach is to respond, no matter your current circumstances. This guide shows you exactly how to respond to a debt collection lawsuit in California.

You Have 30 Days to Respond to a Debt Summons in California

California law gives you 30 days to respond to a debt collection Summons. Your deadline includes weekends and court holidays.

You get 40 days if the lawsuit documents were not served directly to you. This happens when the Summons and Complaint were served to someone else in your household or at work. Confirm with the plaintiff’s documents or call the creditor’s lawyer to verify substitute service.

Check the California courts website for other deadline exceptions that may apply to your case.

California Answer Forms You Need to Respond

Knowing which forms to file can be confusing. Our partner Solo simplifies this process with several options.

You can use Solo’s free Answer form to respond to your debt collection lawsuit. It takes less than 15 minutes to complete. Cases get dismissed every day using this approach.

California State Answer Forms

The state provides these official forms:

• General Denial Form (PLD-050) – Use this if you disagree with the entire Complaint. Note that this form doesn’t support affirmative defenses.
• Answer Form (PLD-PI-003) – Use this if you disagree with specific sections or agree with parts of the Complaint.

State forms come with official instructions. Solo’s Answer is easier and requires no instruction manual.

Three Steps to Respond to Your Debt Collection Case

You receive court documents when you’re sued for debt. These include a Summons and Complaint. The Summons notifies you of the lawsuit. The Complaint lists specific allegations against you.

You have 30 days to respond. Your Answer is the key document. Follow these three steps:

1. Answer each claim in the Complaint
2. Assert your affirmative defenses
3. File the Answer and serve the plaintiff

Step 1: Answer Each Claim in the Complaint

Read the Complaint carefully. Decide how to respond to each numbered paragraph. You have three response options:

• Admit – You agree the statement is true
• Deny – You disagree with the statement
• Deny due to lack of knowledge – You don’t have enough information to answer

Our partner Solo can help you respond in under 15 minutes.

Most attorneys recommend denying as many allegations as possible. Denials force the plaintiff to prove their claims. Deny claims if the debt isn’t yours, you already paid it, or the debt has expired.

Step 2: Assert Your Affirmative Defenses

Affirmative defenses are legal reasons why you shouldn’t lose the lawsuit. Include these defenses in a separate section of your Answer.

Common affirmative defenses in debt cases include:

• The debt account doesn’t belong to you
• The debt was canceled or discharged
• The statute of limitations has expired (six years in California)
• You already paid the debt in full or in part
• You were a co-signer but weren’t informed of your obligations

Being unable to pay is not a legal defense. Don’t use this argument in court.

Step 3: File Your Answer and Serve the Plaintiff

Filing an Answer can be challenging. California courts require defendants without attorneys to file by mail or in person.

Here’s what you need to do:

• Print two copies of your Answer
• Mail one copy to the court with your filing fee
• Mail the other copy to the plaintiff’s attorney

Find both addresses in the Summons and Complaint you received. The attorney’s address appears on the top left of the first page. The court’s address is in the first two paragraphs.

Have someone fill out a proof of service form after delivering the documents. Send this form to the court. Many California courts won’t accept Answers without proof of service.

California Answer Filing Fees Explained

California charges mandatory filing fees to process your court papers. California has the highest filing fees in the nation, ranging from $225 to $450.

Your filing fee depends on your debt amount and court location:

Request a Fee Waiver If You Can’t Afford the Filing Fee

California courts offer fee waivers for people with low income. You may qualify if:

• You receive public benefits like CalFresh, general assistance, CalWORKs, or Medi-Cal
• Your gross income falls below amounts listed on form FW-001 section 5b
• The court determines you can’t afford basic needs plus court fees

Request a fee waiver by completing Form FW-001. Follow these steps:

1. Read the entire form carefully
2. Fill out each section completely and accurately
3. Review the instruction form for guidance on key areas
4. Sign under penalty of perjury with truthful information
5. Print two copies
6. Submit to the court clerk for approval
7. Include Form FW-003 with your request

Many courts deny fee waivers submitted without Form FW-003. Include both forms together.

If approved, your documents will be filed without fees. If you win the lawsuit and receive compensation, you may need to pay the waived fees later.

Use These Documents to Win Your Debt Collection Case

Consider additional legal tools after filing your Answer. You can file a Motion to Compel Arbitration if your contract includes an arbitration clause. You can also send a debt settlement offer to resolve the case out of court.

Motion to Compel Arbitration in California

A motion to compel arbitration can be powerful in credit card debt cases. Check your credit card agreement for an arbitration clause. If one exists, you can ask the court to move the case into arbitration.

Follow these steps to file a motion to compel arbitration:

1. Draft the Motion – Clearly establish the existence of a valid arbitration agreement
2. File the Motion – Pay the $60 filing fee and submit to the court
3. Respond to Objections – Prepare for the plaintiff to contest your motion
4. Await Court Review – The court examines submissions from both parties
5. Serve the Opposing Party – Formally notify them of your arbitration request

Arbitration offers lower costs, faster resolution, and confidentiality. Many collection agencies drop cases rather than pursue them through arbitration.

Be aware of potential costs. If your arbitration clause makes you responsible for arbitration fees, you could pay more than the debt. Understand all outcomes before filing.

Settle Your Debt in California

Debt settlement means paying a portion of your debt to resolve it completely. Settlement helps debtors save money and helps creditors recover at least some of what they lent.

Negotiating with lawyers doesn’t have to be scary. Follow these three steps to settle your California debt:

1. File an Answer – Prevent a default judgment and keep your options open
2. Make a Fair Offer – Assess your finances and start with a reasonable settlement amount
3. Get Everything in Writing – Document the settlement terms to protect yourself

Debts typically settle for 40% to 60% of the total amount. Older debts or debts sold to debt buyers may settle for 10% to 30%. Start with a low offer to give yourself negotiation room.

Note that debt settlement impacts your credit score. You may owe taxes on forgiven amounts.

California Debt Collection Laws Protect You

The Fair Debt Collection Practices Act applies to California residents. California also has the Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788 to 1788.33).

California law prohibits these specific actions:

• Threatening physical force or harm to your reputation
• Falsely accusing you of a crime
• Harassing you with continuous calls
• Failing to identify themselves as debt collectors
• Deceptively implying they’re attorneys or government representatives

The Rosenthal Act requires collectors to notify you if debt is past the statute of limitations. They cannot pursue time-barred debts through legal action.

Check the Statute of Limitations on Your California Debt

Check the statute of limitations before agreeing to pay or settle. If enough time has passed, the lawsuit may be invalid. You must raise this defense in court.

The statute of limitations is the deadline for filing a lawsuit to collect debt. Creditors who miss this deadline don’t have legal grounds to sue.

California’s statute of limitations is four years for most debt types:

Check Your California Court Case Status Online

You can check your case status by visiting the courthouse, calling the court clerk, or searching online. Many California courts offer online case search tools.

Courts without online tools require you to visit or call. Give the clerk your case number and name to get updates.

California counties with online case search include Alameda, Amador, Butte, Calaveras, Del Norte, Fresno, Glenn, Imperial, Kings, Lassen, Los Angeles, Madera, Marin, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Siskiyou, Solano, Stanislaus, Sutter, Tulare, Ventura, and Yuba.

Staying current on your case helps you prepare for trials and hearings. You’ll avoid losing by default for failure to appear.

Find Debt Relief Options in California

California government programs offer debt relief and financial assistance. Consider these programs if you need help:

• Healthy Families program
• Homeowner Assistance
• Low Income Home Energy Assistance Program (LIHEAP)
• Low Income Household Water Assistance Program (LIHWAP)
• Community Services Block Grant (CSBG)
• California Earned Income Tax Credit (CalEITC)

You may also consider debt settlement, debt consolidation, or bankruptcy. Each option can start you on the path to debt resolution.

Stop Wage Garnishment in California

Wage garnishment happens when you lose a court case and the creditor gets a judgment against you. The creditor can take money directly from your paycheck under court order.

California limits wage garnishment to the lesser of 25% of your disposable earnings or 50% of the amount by which your earnings exceed 40 times the state hourly minimum wage.

You can stop wage garnishment in California these ways:

Settle Before Judgment

Negotiate a lump-sum settlement before the court enters judgment. Many debt buyers like LVNV Funding and Midland Credit Management will settle for less than the full amount.

File a Claim of Exemption

If garnishment makes it impossible to meet basic living expenses, file a claim of exemption. The court considers your financial situation and dependents when deciding eligibility.

Fight the Lawsuit

Dispute the creditor’s claims if you have evidence you don’t owe the debt. File a motion to set aside judgment if you never received notice of the lawsuit.

File Bankruptcy

Bankruptcy stops wage garnishment but should be a last resort. Bankruptcy has long-term effects on your credit score and financial status.