Sued by a Debt Collector? What to Do Now
Being served with court papers is frightening, but you have rights and you have time to respond. The most important thing is to not ignore it.
Step by Step
- Read the summons and complaint. Note who is suing you (often a debt buyer like Midland Funding, LVNV Funding, Cavalry SPV I or Portfolio Recovery Associates), the court, the case number and the amount.
- Mark your response deadline. Count from the day you were served. The way you were served can change the deadline, so confirm it with the court’s self-help center.
- Check the debt. Is it yours? Is the amount right? How old is it? Debts past the time limit to sue (generally four years for most written contracts in California) can be a defense.
- Get legal help. Talk to an attorney, legal aid office or the court’s free self-help center before your deadline.
- File your Answer on time. California’s Judicial Council has a fill-in form for answering contract and debt cases. If you can’t afford court fees, ask about a fee waiver.
- Keep negotiating if it makes sense. Many cases settle before trial. Get any agreement in writing and make sure the case is dismissed.
Where to Get Help
Court self-help
California Courts Self-Help Guide explains forms, deadlines and fee waivers. The Kern County Superior Court also has a free self-help center.
Free legal aid
Low-income residents may qualify for free help. Search LawHelpCA.org or contact Greater Bakersfield Legal Assistance.
Attorney referral
The Kern County Bar Association offers a lawyer referral service. We also refer clients to attorneys who handle debt lawsuits.
Defenses to Ask an Attorney About
The collector can’t prove it owns the debt
Debt buyers must be able to show they own the account and how much is owed. Under California’s Fair Debt Buying Practices Act, they need specific account documents before suing.
The debt is too old to sue on
If the time limit has passed, the debt may be “time-barred.” Learn about time-barred debt.
The amount is wrong
Interest, fees or the balance may not match your records or the original agreement.
It isn’t your debt
Identity theft or mixed files can lead to lawsuits over accounts that aren’t yours. Identity theft help.
How We Can Help
Maximum Score Builders is not a law firm and cannot represent you in court or give legal advice. We can help you understand your credit reports and the account history, connect you with an attorney, and provide self-help educational materials. Talk to an attorney about your case and your deadline first.
Talk to a Bakersfield Credit Specialist
Free consultation in English or Spanish. We will review your situation, explain your options, and tell you honestly if you can handle it on your own.
This page is for educational purposes only and is not legal, tax, or financial advice. Maximum Score Builders is not a law firm and does not provide legal representation. Results vary, and no specific outcome is guaranteed. Company names are trademarks of their respective owners and are used for identification only; Maximum Score Builders is not affiliated with or endorsed by them.
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