How to Answer a Summons for Debt Collection in California

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***How to Answer a Summons Debt Collection in California***

Deadline is 30 days
You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

If you were served by substituted service, meaning the summons and complaint were given to someone else in your household or place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served.

Steps to respond
1. Create your Answer document to the summons.
Respond to each paragraph

2. Assert your affirmative defenses.
You do not owe the money
Statute of limitations
Etc.
Statute of Limitations in California

State California
Oral: 2
Written: 4
Promissory: 4
Open: 4
Credit Card: 4
Judgments: 10

3. File your Answer with the Court and mail a copy to the other party.
Include fee
Court addresses are listed on your summons


Pay the fee
CA Fee Schedule
Over $25k, fee is $435
$10k-$25k, fee is $370
Up to $10k, fee is $225
Small claims, fee is $181

There are 3 ways to qualify for a fee waiver:
If you are receiving public benefits, like Medi-Cal, Food Stamps (CalFresh), Cal-Works, General Assistance, SSI, SSP, Tribal TANF, IHHS or CAPI;
If your household income, before taxes, is less than the amounts listed on Form FW-001 in item 5b; OR
If the court finds that you do not have enough income to pay for your household's basic needs AND the court fees.
Fee Waiver: (Form FW-001) (Spanish)
If granted, you won’t have to pay fees.
It can be granted with or without a hearing.

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50 State Guide on How To Answer a Summons for Debt Collection: bit.ly/2psySjz

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