How to Answer a Summons for Debt Collection in California: Updated 2025

To answer a summons for debt collection in California, file an Answer form within 30 days, addressing allegations and asserting defenses to avoid a default judgment

Facing a summons for debt collection in California can feel overwhelming, but understanding the process can help you navigate it effectively. This blog provides a comprehensive guide on how to answer a summons for debt collection in California, including critical deadlines, forms, filing fees, legal strategies, and ways to protect yourself against debt collectors. With clear steps and practical advice, this article will empower you to respond confidently and avoid potential pitfalls.

Table of Contents

Deadline to Respond in California

In California, you must respond to a debt collection summons within 30 calendar days from the date you were served. Failing to respond can lead to a default judgment against you, allowing the creditor to garnish your wages or seize assets. Mark your calendar and act quickly to preserve your rights.

California Answer Forms

To respond to a summons, you’ll need the appropriate legal forms. These include:

Answer (Form PLD-C-010): This form allows you to respond to the allegations outlined in the summons and complaint. You can either deny or admit the claims made by the creditor. It’s essential to address each allegation listed in the complaint individually and include any affirmative defenses you wish to assert, such as the statute of limitations or improper service.
Fee Waiver Request (FW-001): If you are unable to afford the filing fees, this form can be submitted to request a fee waiver. To qualify, you must provide detailed financial information demonstrating your inability to pay. This can include income statements, proof of public assistance, or other relevant documents. If approved, the court may waive the filing fees, making the process more accessible.

You can obtain these forms in several ways:

Online: Visit the California Courts’ official website to download the forms. The website provides additional instructions and resources to help you fill out the forms accurately.
Local Courthouse: Most courthouses have self-help centers or clerks who can provide you with the necessary forms. They can also answer general questions about the filing process, although they cannot offer legal advice.

When completing these forms, ensure all information is accurate and legible. Mistakes or omissions could result in delays or unfavorable rulings. Additionally, keep a copy of all submitted forms for your records. If you are unsure about any part of the process, consider consulting a legal aid organization or an attorney for assistance.

Steps to Respond in California

Review the Summons and Complaint: Understand what the creditor claims you owe.
Draft Your Answer: Use Form PLD-C-010 to respond to each allegation.
Affirmative Defenses: Include defenses such as expired statute of limitations or improper service.
File the Answer: Submit the completed form to the court clerk and serve a copy to the plaintiff.
Keep Records: Retain copies of all documents for your records.

Sample Draft of Form PLD-C-010 Answer

DEFENDANT’S ANSWER TO COMPLAINT

General Denial: Defendant denies each and every allegation in the complaint.
Specific Responses:

Paragraph 1: Defendant denies the allegations in paragraph 1.
Paragraph 2: Defendant lacks sufficient information to admit or deny the allegations in paragraph 2 and, therefore, denies them.
Paragraph 3: Defendant admits the allegations in paragraph 3.

Affirmative Defenses:

Statute of Limitations: The alleged debt is time-barred under California law.
Improper Service: Plaintiff failed to serve the complaint in compliance with California legal requirements.
Lack of Standing: Plaintiff does not have the legal right to sue for the alleged debt.

Prayer for Relief:
Defendant requests the court dismiss the complaint with prejudice and grant any further relief deemed just and proper.

Dated: [Insert Date]

[Your Signature]
[Your Printed Name]
Defendant, In Pro Per

California Answer Filing Fees

The filing fee for submitting an Answer in California typically ranges from $225 to $435, depending on the amount in controversy. Verify the exact fee with your local court. If you cannot afford the fee, you can request a fee waiver.

CA Fee Waiver Request

Submit Form FW-001 to request a fee waiver. Provide evidence of your financial situation, such as income statements or proof of public assistance. If approved, the court may waive filing fees and other related costs.

Sample Draft of Request to Waive Court Fees (Form FW-001)

Your Information:

Name: [Your Full Name]
Address: [Your Full Address]
Phone Number: [Your Phone Number]
Email (if applicable): [Your Email Address]
Case Number: [Insert Case Number]

Case Information:

Court Name: [Insert Court Name]
Court Address: [Insert Court Address]
Plaintiff: [Insert Plaintiff’s Name]
Defendant: [Insert Your Name]

Request to Waive Court Fees:
I request a waiver for the following fees (check all that apply):

☐ Filing Fees
☐ Motion Fees
☐ Court Reporter Fees
☐ Appeal Fees
☐ Other Fees: [Specify Other Fees, if any]

Financial Information:

Monthly Income: $[Your Total Monthly Income]
Number of Dependents: [Number of Dependents]
Public Assistance: I receive the following public benefits (check all that apply):
- ☐ Supplemental Security Income (SSI)
- ☐ Food Stamps/SNAP
- ☐ Medi-Cal
- ☐ General Assistance/GR
- ☐ Other: [Specify Other Public Benefits, if any]

Expenses and Debts:
List your monthly expenses:

Rent/Mortgage: $[Rent/Mortgage Amount]
Utilities: $[Utilities Amount]
Food: $[Food Expenses]
Transportation: $[Transportation Costs]
Other Essential Expenses: $[Other Expenses]

Total Monthly Expenses: $[Total Monthly Expenses]

List your debts:

Credit Cards: $[Credit Card Debt]
Medical Bills: $[Medical Debt]
Other Debts: $[Other Debts]

Total Debt: $[Total Debt]

Declaration:
I declare under penalty of perjury under California law that the information provided is true and correct.

Dated: [Insert Date]
[Your Signature]
[Your Printed Name]

Make a Motion to Compel Arbitration in California

If your original credit agreement includes an arbitration clause, you can file a Motion to Compel Arbitration. This moves the dispute to arbitration, potentially saving you time and legal fees.

Sample Motion to Compel Arbitration Letter

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]

[Date]

[Court Name]
[Address of the Court]
[City, State, ZIP Code]

Case Name: [Plaintiff Name] vs. [Your Name]
Case Number: [Case Number]

Subject: Motion to Compel Arbitration

TO THE HONORABLE COURT AND ALL PARTIES:

I, [Your Name], the Defendant in the above-captioned matter, respectfully submit this Motion to Compel Arbitration pursuant to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and California Arbitration Act (Cal. Code Civ. Proc. § 1281 et seq.).

I. INTRODUCTION
The underlying credit agreement between the Plaintiff, [Creditor Name], and myself contains a valid and enforceable arbitration clause. By signing this agreement, both parties consented to resolve any disputes arising from or related to the agreement through binding arbitration. Accordingly, I request that this Honorable Court compel arbitration and stay further proceedings in this case.

II. LEGAL BASIS FOR ARBITRATION
Under the Federal Arbitration Act and California law, arbitration agreements are presumed valid and enforceable. The courts have consistently held that any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration. (See Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25 (1983)).

III. ARGUMENT

Existence of a Valid Arbitration Clause
A copy of the original agreement, including the arbitration clause, is attached to this motion as Exhibit A. The agreement explicitly requires arbitration of any disputes, including those related to debt collection.
Applicability of Arbitration Clause to the Present Dispute
The dispute at hand, involving allegations of unpaid debt, falls squarely within the scope of the arbitration clause as specified in the agreement.
Public Policy Favors Arbitration
Compelling arbitration aligns with California’s strong public policy favoring arbitration as a means to reduce court congestion and provide an efficient alternative dispute resolution mechanism.

IV. REQUEST FOR RELIEF
I respectfully request that the Court:

Compel the Plaintiff to resolve this dispute through arbitration as required by the agreement;
Stay all further proceedings in this case pending the outcome of arbitration; and
Grant any other relief the Court deems just and proper.

V. CONCLUSION
In light of the foregoing, I urge this Honorable Court to grant my Motion to Compel Arbitration and stay further proceedings in this case.

Respectfully submitted,

[Signature]
[Your Name]

Attachments:

Exhibit A: Copy of the Credit Agreement with Arbitration Clause
Proof of Service

Certificate of Service
I hereby certify that a copy of this Motion to Compel Arbitration was served upon the Plaintiff and their attorney on [Date] via [method of service, e.g., certified mail].

[Signature]
[Your Name]

Settle Debt in California

Negotiating a settlement with the creditor can be a viable alternative. Offer a lump-sum payment or a payment plan to resolve the debt. Ensure any agreement is documented in writing.

Sample Debt Settlement Letter

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]

[Date]

[Creditor Name or Debt Collection Agency]
[Address]
[City, State, ZIP Code]

Subject: Debt Settlement Offer for Account Number [Account Number]

To Whom It May Concern,

I am writing regarding the above-referenced account. After reviewing my financial situation, I recognize my obligation to address this debt and wish to resolve the matter in a way that benefits both parties.

Due to financial difficulties, I am unable to pay the full amount owed, which is currently [$Amount Owed]. However, I propose a settlement offer of [$Proposed Settlement Amount] as a lump-sum payment to resolve this debt in full.

I kindly request that you confirm the following terms in writing if you accept my offer:

The account will be considered paid in full upon receipt of the agreed settlement amount.
All negative remarks associated with this account will be removed from my credit report.
No further collection efforts will be pursued on this debt.

I am willing to make the payment within [Number of Days, e.g., 30 days] of receiving your written agreement to these terms.

Please consider this offer carefully, as it represents my best effort to resolve this matter. I am eager to settle this account amicably and look forward to your positive response.

You may contact me by phone at [Your Phone Number] or email at [Your Email Address] to discuss this offer further. Alternatively, you can send your response to the address listed above.

Thank you for your time and understanding. I hope we can reach an agreement promptly.

Sincerely,

[Your Signature]
[Your Name]

Additional Notes

Always ensure any settlement agreement is documented in writing before making a payment.
Include all pertinent details, like account numbers and amounts, to avoid ambiguity.
Consult with a legal or financial advisor before finalizing any agreement.

California Debt Collection Laws

California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) protects consumers from abusive debt collection practices. Debt collectors cannot harass you, use misleading information, or collect amounts not authorized by the contract.

Statute of Limitations on Debt in CA

In California, the statute of limitations for most consumer debts is four years from the last payment or written acknowledgment of the debt. If the statute has expired, you can raise it as an affirmative defense.

Check California Court Case Status Online

Visit your local court’s website to track the status of your case. Use the case number provided on your summons for quick access.

California Debt Relief Options

If you’re struggling with debt in California, a range of relief options is available to help you regain financial stability. Understanding these options can guide you toward the most suitable solution for your unique situation. Below is an expanded look at the common debt relief strategies in California:

Debt Settlement

Debt settlement involves negotiating with creditors to pay less than the full amount owed. Here’s how it works:

How to Start: Contact creditors directly or hire a debt settlement company. Ensure the company is licensed in California and adheres to state and federal laws.
Benefits:
- Can significantly reduce the total amount owed.
- Allows you to avoid bankruptcy.
Risks:
- Credit score impact due to missed payments.
- Potential tax implications, as forgiven debt might be considered taxable income.
Best for: Individuals with a lump sum of money to negotiate settlements but who cannot afford monthly payments.

Debt Consolidation

Debt consolidation combines multiple debts into a single loan or payment plan, often with a lower interest rate.

How to Consolidate Debt in California:
- Use a debt consolidation loan to pay off high-interest debts.
- Enroll in a California-based debt management program (DMP).
- Transfer balances to a low-interest or 0% APR credit card (balance transfer option).
Benefits:
- Simplifies payments by consolidating them into one.
- May reduce interest rates and monthly payments.
Risks:
- Extends the repayment period, leading to more interest over time.
- Requires good credit to secure a low-interest loan.
Best for: People with stable income who want to simplify debt repayment and reduce interest costs.

Bankruptcy

Bankruptcy is a legal process that provides relief to individuals who cannot repay their debts. It is a last-resort option but can offer a fresh financial start.

Types of Bankruptcy in California:
- Chapter 7: Discharges most unsecured debts, such as credit card balances and medical bills. Assets may be liquidated to repay creditors.
- Chapter 13: Allows you to keep your assets while creating a 3- to 5-year repayment plan based on your income.
California Bankruptcy Exemptions: Protect certain assets, such as your home, car, and retirement accounts, from being seized.
Benefits:
- Halts collection actions, including wage garnishments and lawsuits.
- Provides a clean slate for individuals overwhelmed by debt.
Risks:
- Significant impact on your credit score for 7 to 10 years.
- Public disclosure of financial records.
Best for: People facing overwhelming debts with no feasible way to repay them.

Credit Counseling and Debt Management Plans (DMPs)

Nonprofit credit counseling agencies in California can assist with budgeting and negotiating with creditors.

Services Offered:
- Personalized debt repayment plans.
- Financial education and budgeting tools.
- Debt management plans that consolidate payments without requiring a loan.
Benefits:
- Lower interest rates negotiated by the agency.
- Elimination of late fees and penalties in some cases.
Risks:
- Requires discipline to stick to the plan.
- May take several years to complete.
Best for: Individuals seeking structured repayment assistance without taking on new debt.

California-Specific Programs and Protections

California offers state-specific resources and protections for those in financial distress:

California Debt Collection Laws: Protect against abusive practices by debt collectors. Creditors must comply with both federal laws, such as the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act.
Statute of Limitations on Debt in California: Creditors have a limited time (typically 4 years) to file a lawsuit to collect unpaid debts.
California Foreclosure Prevention Programs: Assistance for homeowners struggling to pay their mortgages, such as the California Housing Finance Agency (CalHFA) programs.

Balance Transfer Credit Cards

For individuals with good credit, transferring balances to a credit card with a 0% introductory APR can provide temporary relief.

How It Works:
- Transfer high-interest debt to a card with a promotional 0% APR period.
- Pay off the balance before the promotional period ends to avoid higher interest rates.
Benefits:
- Saves money on interest.
- Consolidates debt into one manageable payment.
Risks:
- Requires excellent credit to qualify.
- Failure to pay off the balance in time can result in higher interest rates.
Best for: People with manageable debt and good credit scores.

Wage Garnishment Protection

In California, wage garnishment is limited by state law. If you’re experiencing financial hardship due to garnishment:

File a Claim of Exemption (Form WG-006) to protect your wages.
Seek advice from an attorney to explore legal avenues to reduce or stop garnishment.

Debt Forgiveness Programs

Certain nonprofit organizations or government programs offer debt forgiveness for specific circumstances, such as medical debt or student loans. Research local California organizations for options that may apply to your situation.

Consult Professionals

Navigating debt relief can be complex. Consider consulting a certified credit counselor, financial advisor, or debt relief attorney in California to evaluate your options.

By exploring these strategies, you can find the path that best suits your financial needs and work toward a debt-free future.

Stop Wage Garnishment in California

File a Claim of Exemption (Form WG-006) to contest wage garnishment. Demonstrate that garnishment causes financial hardship or violates exemptions.

Sample Draft of Claim of Exemption (Form WG-006) to contest wage garnishment

Your Information

Name: [Your Full Name]
Address: [Your Full Address]
Phone Number: [Your Phone Number]
Email Address (if applicable): [Your Email Address]

Court Information

Court Name: [Name of the Court where the case is filed]
Court Address: [Address of the Court]
Case Number: [Insert Case Number]

Judgment Creditor Information

Name: [Name of the Party Seeking Garnishment (Judgment Creditor)]
Address: [Creditor’s Address (if known)]

Employer Information

Name: [Your Employer’s Name]
Address: [Your Employer’s Address]

Claim of Exemption
I claim the following exemptions under California law for my wages currently being garnished:

☐ Necessary for Support: The garnished wages are necessary for the support of myself and my dependents.
☐ Head of Household Exemption: I qualify as the head of a household under California Code of Civil Procedure § 706.051.
☐ Other Exemptions: [Specify any additional exemptions under California law, if applicable.]

Explanation of Financial Hardship
(Attach Form WG-007, Financial Statement, for more details.)

My current income and expenses do not allow for garnishment without causing financial hardship. I require my full wages to meet essential expenses such as rent, utilities, food, and medical care.

Supporting Evidence
I have attached supporting documentation, including:

Recent pay stubs
Proof of monthly expenses (e.g., utility bills, rent receipts)
Bank statements
Any other evidence supporting my claim

Declaration
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: [Insert Date]

[Your Signature]
[Your Printed Name]

Tips for Filing Form WG-006

Attach Financial Statement (Form WG-007): This is required to provide a detailed breakdown of your income and expenses.
Submit to the Levying Officer: File your completed Form WG-006 with the local levying officer (e.g., sheriff or marshal) responsible for enforcing the garnishment.
Serve the Judgment Creditor: Provide a copy of the filed Claim of Exemption to the judgment creditor.
Attend the Hearing (if necessary): If the judgment creditor contests your claim, you may be required to attend a court hearing. Bring all supporting evidence.
Deadlines Matter: Act quickly after receiving notice of garnishment to file the claim within the required time frame.

Let’s Summarize…

Responding to a debt collection summons in California involves meeting strict deadlines, filing the correct forms, and asserting your rights. Whether through settlement, arbitration, or litigation, understanding your options can help protect your financial future.

FAQs About Debt Collection in California

How do I respond to a summons for debt collection in California? File an Answer with the court within 30 days, addressing each allegation and asserting any defenses.
How to write a response to a debt summons? Use Form PLD-C-010 to deny or admit allegations, include affirmative defenses, and file it with the court.
What is the 777 rule with debt collectors? The 777 rule refers to reporting periods: negative information can stay on your credit report for seven years.
How do I defend myself in a debt lawsuit? File an Answer, assert defenses, consider arbitration, and gather evidence to dispute the claim.

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