How a Debt Collection Lawsuit Works in California
Know What to Expect
Most debt collection cases follow the same path. Knowing the steps, and the deadlines that come with them, helps you protect your rights.
Collection usually starts with letters and calls. You can ask the collector to validate the debt, and you should keep copies of everything you receive. Collectors must follow the Fair Debt Collection Practices Act and California’s Rosenthal Act, which prohibit harassment and misleading statements.
If you are sued, you will receive a summons and complaint. In most cases you have 30 days after service to file a written response with the court. If no response is filed, the creditor can request a default judgment. Your response is where defenses are raised, such as lack of proof, the statute of limitations, or an incorrect amount.
Many cases settle before trial, often for a reduced amount or a payment plan put in writing. If the case goes forward, the creditor must prove its claim. If a judgment is entered, the creditor may seek wage garnishment or a bank levy, and there may still be options to challenge or limit collection.
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How We Help at Every Stage
Whether you have just received a letter or a judgment has already been entered, there are steps that can protect you.