Lawyers Who Solve Serious Debt Problems

Services Available to all California Residents

  • This field is for validation purposes and should be left unchanged.

Collection Lawsuits

Should I respond to a collection lawsuit if I owe the money?

I was not served properly, what do I do?

How do I over turn a Default Judgment?

What will they be able to do if they get a judgment?

Can I be put in Jail for not responding to a Collection Lawsuit?


Q: Should I respond to a collection lawsuit if I owe the money?Definitely! There is no guarantee that the court will properly determine the amount you owe. Also, failing to respond will mean the court will include attorney fees in the judgment. Many times such fees are improper. Also, if you respond you will also, at a minimum, put yourself in a better position to negotiate a settlement. Also, some times just responding will cause the collector to dismiss the case and you will owe nothing.
Back to the top.
Q: I was not served properly, what do I do?Proper service is not something you can decide. You may be right, but unless the court is aware of the bad service, they will assume it was correct. You must respond to the lawsuit even if not served properly. If you don’t, the court will enter a judgment against you.
Back to the top.
Q: How do I over turn a Default Judgment?The only way to reverse a default judgment is by court order. This can be achieved in two ways:1) the parties agree to set aside the judgment and start again. This means you must get the agreement of the the collection lawyer and this is very difficult to do; or 2) you must file a motion with the court asking that the default judgment be set aside. To be successful you must show that either you were not served properly or that you qualify under “excusable neglect”. If you are going to ask that a default judgment be set aside, you must do so without delay.
Back to the top.
Q: What will they be able to do if they get a judgment?In California, a judgment creditor can garnish your wages, put a lien on any real estate you own, levy your bank accounts, and seize certain assets. They can also force you to appear in court to answer questions about what you own.
Back to the top.
Q: Can I be put in Jail for not responding to a Collection Lawsuit?You can not be put in jail for not contesting a collection lawsuit. You can, however, be put in jail if, after a judgment is entered, you fail to follow court orders requiring you to show up in court and/or fail to answer questions about your assets.
Back to the top.