Debt, Collections & Bankruptcy · Collections and lawsuits
When someone is sued over a debt
In this guide
- A debt lawsuit starts with a Summons and Complaint served on the person being sued.
- The response is generally due 30 calendar days after personal service.
- If no response is filed, the creditor can ask for a default judgment.
The court papers
A debt lawsuit begins when a creditor or debt buyer files a Complaint and serves it with a Summons. The papers name the court, the case number, who is suing, and the amount claimed. The California Courts self-help guide has a page on reading these papers.
Response options
People respond in writing and file the response with the court. Common forms include:
- Answer—Contract (PLD-C-010): responds to each claim and lists defenses.
- General Denial (PLD-050): available in many limited civil cases (claims of $35,000 or less).
The court’s debt pages list defenses that come up in debt cases, such as the debt belonging to someone else, the amount being wrong, or the time limit having passed. Filing fees apply, and fee waivers are available.
Time frames (California Courts)
- Response after personal service: generally 30 calendar days
- Other service methods can add time, as the court’s page explains.
If there’s no response
The creditor can ask the court for a default judgment, which can lead to wage garnishment or bank levies. See After a judgment.
Settling
Many debt cases settle. Settlements are usually written and may include a payment plan and dismissal of the case.
Common questions
Does a debt buyer need to prove it owns the debt?
California’s Fair Debt Buying Practices Act requires debt buyers to have and provide certain documents about the debt and include specific information in their complaints. The court’s defenses page discusses this.
Official sources for this guide
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