If you receive a summons and complaint in California for credit card debt, it means you’re being sued—and you must act quickly. Here’s exactly what to do:
1. Don’t ignore it
You typically have 30 days from the date of service to file a written response (“Answer”) with the court; if substituted service was used, you might get 40 days Sacramento County Public Law Library.
Missing the deadline = default judgment, which can let them garnish wages, levy bank accounts, or place liens ariettalaw.com.
2. Check jurisdiction & proof
- Confirm the lawsuit is in California Superior Court (not small claims, which has its own limits).
- Request proof of the debt and chain of ownership, especially if the plaintiff is a debt buyer—it’s often their weakest link.
3. Draft and file your Answer
- Download or get the “Answer – Contract” form (for civil cases) from the court upsolve.org.
- In it, admit or deny each allegation in the Complaint and include any affirmative defenses (e.g., statute of limitations over 4 years, FDCPA violations, paid off, identity theft) moneywiselaw.com.
- File the Answer with the court and pay the filing fee (~$225–$435, based on amount); if low-income, request a fee waiver Sacramento County Public Law Library.
4. Serve the plaintiff
- A non-involved adult must mail your Answer to the plaintiff or their attorney, and complete a Proof of Service form upsolve.org.
- You then file that form with the court.
5. Prepare for what’s next
- Stay alert for courthouse notices—status conferences, discovery, or trial dates.
- Consider negotiation or settlement even after being sued; this may help you avoid a trial investopedia.com.
- You can get help from free legal aid, self-help centers, or consider hiring a consumer defense attorney—especially if evidence is weak or violations occurred Self-Help Guide to the California Courts, moneywiselaw.com, loker.la, winvestopedia.com.
6. Don’t go it alone (if possible)
While filing an Answer pro se (on your own) is permitted in California, a lawyer can:
- Identify and assert defenses (e.g. improper proof, FDCPA/CFDCPA violations, expired statute of limitations)
- Challenge creditor’s documentation
- Negotiate settlements or get the case dismissed Sacramento County Public Law Library, moneywiselaw.com.
7. If you lose or default
- You may face wage garnishment (max 25%), bank levies, a judgment on your credit report for up to 10 years, or liens on property ariettalaw.com.
- You can file a motion to set aside a default judgment under specific circumstances (e.g., you were never served, you had good cause) Upsolve.
- Filing for bankruptcy triggers an automatic stay—halting collections, garnishments, or lawsuits—and may discharge the debt ariettalaw.com, selfhelp.courts.ca.gov.
Quick Checklist
| Step | Action |
|---|---|
| 1 | Read summons carefully—note deadline and court |
| 2 | Collect evidence or request proof of debt |
| 3 | Fill out and file an Answer form; include defenses |
| 4 | Serve plaintiff and file Proof of Service |
| 5 | Monitor court filings and attend hearings |
| 6 | Explore settlement or hire legal help |
| 7 | Respond to judgment—consider setting aside or bankruptcy |
Final tip:
Act within 30 days—delay is the enemy. Even if representing yourself, file that Answer and assert all defenses you have. It helps you keep your rights and leverage. If you’re unsure, reach out to California legal aid, consumer law clinics, or consider a consult with a debt defense attorney.