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If I Receive a Debt Collection Summons, What Should I Do?

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When you are in debt, it can feel like you’re drowning. As such, it’s not uncommon to become overwhelmed by the payments and due dates, meaning you may find that one payment can slip through the cracks. Unfortunately, this can result in receiving a debt collection summons for any outstanding payments you have missed. If you were recently served, it can be a scary and isolating feeling. Luckily, this blog explores what you should know about these matters and why you must connect with a California debt collection defense lawyer to explore your legal options when faced with these unpleasant circumstances.

What Is a Debt Collection Summons?

If you receive a debt collection summons, it’s critical to understand the severity of these matters. Essentially, this is an official legal notice informing you that you are being sued. Generally, the summons contains information about the lawsuits, such as who filed and when you must respond. In addition, you will also receive a complaint. This provides more detailed information regarding these matters, such as on what grounds the other party has filed, each charge against you, and what monetary damages the other party is seeking.

If I Receive One, How Should I Respond?

If you are served, it’s important to understand that you must file a response promptly. Failure to respond will result in the plaintiff receiving a default judgment against you. Essentially, this means that the party suing you will automatically “win” the case and receive the funds they sought in the paper. As such, you can face bank levies, wage garnishments, and property liens. Additionally, a default judgment will appear on your credit report and last for ten years. It’s imperative to respond to a debt collection summons by the deadline.

While you must respond, understanding the deadline is critical. In California, you will have 30 days from the date on which you were served the papers to respond. This includes weekends and holidays.

When you respond, you will need to address each claim against you by confirming or denying it. Failure to respond to a claim will be taken as agreeing to the section.

Because drafting a response can be a complex process with severe consequences if completed incorrectly, it’s in your best interest to connect with an experienced attorney as soon as possible. Not only can they help ensure your response is accurate, but they can also determine if there are any potential defenses you can use for these matters.

When you’re sued over a debt, let Loker Law, APC, help. Our team understands how scary it can be to face a lawsuit, which is why we are committed to fighting for you during these times. Connect with us today to learn how our firm can represent you during these complex legal matters.

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