Being sued by a debt collector is stressful, but ignoring it is the worst thing you can do. If you don’t respond, the collector can win a default judgment and garnish wages or levy your bank account. Here is how to respond in California.
Step 1: Don’t ignore the summons
Once you’re served with a Summons and Complaint, you generally have 30 days to file a written response. Mark that deadline immediately.
Step 2: Review the complaint carefully
Check who is suing (often a debt buyer, not the original creditor), the amount claimed, and whether they’ve proven the debt is yours. Collectors frequently lack complete documentation.
Step 3: File your Answer
File an Answer — a general denial plus your affirmative defenses (the debt isn’t yours, the amount is wrong, it’s past the statute of limitations, or the plaintiff can’t prove ownership). Filing preserves your right to defend.
Step 4: Demand validation
You can require the collector to prove the debt — account records, chain of ownership, and the amount. Many cases weaken or get dismissed when collectors can’t produce this.
Step 5: Know your rights
The federal FDCPA and California’s Rosenthal Act prohibit abusive, deceptive collection practices. Violations can be leverage or even a counterclaim.
Step 6: Appear and resolve
Show up to every hearing. Many debt cases settle for less than the amount claimed once you actively defend.
How Curbside Legal helps
We prepare your Answer, affirmative defenses, and debt-validation and dispute letters — court-ready and on time. See consumer-protection pricing or start your intake.
Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice. If you are sued, deadlines are strict — act quickly.