Being sued over a credit card or other consumer debt is stressful, but it is also one of the most fixable problems in civil court, as long as you act in time. In California, the clock starts the day you are served, and what you do in the next 30 days decides most of the outcome. Here is what to do, step by step.
1. Find your deadline
In most California lawsuits you have 30 calendar days after you are served to file a written response with the court. If the 30th day falls on a weekend or court holiday, the deadline moves to the next court day. If the papers were left with someone else at your home or work and then mailed to you, service is usually not complete until 10 days after the mailing, which pushes the deadline later. Do not rely on that extra time without checking; write down the date you were served and count from there.
2. Do not ignore it
If you do not respond, the plaintiff can ask the court for a default judgment. That means they win without the judge ever hearing your side, often for the full amount plus interest, court costs and sometimes attorney fees. With a judgment, a creditor can garnish your wages, levy your bank account or place a lien on property. Most of the leverage you have in a debt case disappears once a default is entered.
3. Read the complaint closely
Look at who is suing you. It may be the original bank, or it may be a debt buyer that purchased the account for a fraction of its value. Check the amount claimed, the date of your last payment, and whether the documents attached actually show the plaintiff owns the debt. California’s Fair Debt Buying Practices Act requires debt buyers to include specific information about the debt in their complaint, and missing information can be a defense.
4. Choose the right response
Most people respond with an Answer, which admits or denies the claims and raises defenses. California has fill in forms for this, such as the Answer to a contract complaint (form PLD-C-010), and in some smaller cases a one page General Denial (form PLD-050) is allowed. Other responses, such as a demurrer or a motion to quash, are used when the complaint or the service itself is defective. The defenses you do not raise now can be lost, so this step matters.
5. Common defenses in California debt cases
- The statute of limitations has run. Most credit card and written contract claims must be filed within four years. A debt buyer may not sue on a debt once that period has passed.
- The plaintiff cannot prove it owns the debt or cannot show how the amount was calculated.
- The amount is wrong, including improper interest or fees.
- Identity theft or mistaken identity.
- Collection violations under California’s Rosenthal Fair Debt Collection Practices Act, which can sometimes support a claim back against the collector.
6. Settlement is often possible, and timing helps
Many debt lawsuits end in a negotiated settlement: a reduced lump sum or a payment plan, with the case dismissed. Creditors are usually more flexible once a proper response is on file and they see the case will be contested. A written settlement that dismisses the case can also keep a judgment off your record.
7. If a judgment was already entered
It may not be too late. In some situations a default judgment can be set aside, for example when you were never properly served or acted quickly after learning about the case. If wages are being garnished, California limits how much can be taken from each paycheck, and exemptions may protect part of your bank account.
What to do today
- Write down the date you were served.
- Gather the summons, complaint and any letters from the collector.
- Do not sign anything or agree to payments over the phone before you understand your options.
- Call a California debt defense attorney well before the 30 days run out.
Debtor Defense Law represents people sued over consumer debt throughout California and can often both file the response and negotiate with the creditor. Attorney Bahram Madaen offers a free consultation at (714) 782-7275.
This article is general information about California law as of October 2026, not legal advice for your situation. Deadlines and rules depend on your facts. For a free consultation, call (714) 782-7275 or send us a message.
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