How do I formally respond, step-by-step, after being served with a debt collection lawsuit in a California Superior Court?
To formally respond to a debt collection lawsuit in California, you must file a legal document called an "Answer" with the court within 30 calendar days of being served. Ignoring the lawsuit will allow the creditor to get a default judgment against you.
Here is a step-by-step guide to filing an Answer:
Step 1: Note Your Deadline
Your deadline is 30 calendar days from the date you received the lawsuit papers (the Summons and Complaint). Count every day, including weekends and holidays. The deadline is critical; do not miss it.
Step 2: Get the Correct Legal Forms
You will need Judicial Council Form PLD-C-010 ("Answer—Contract"). You may also need Form FW-001 ("Request to Waive Court Fees") if you cannot afford the court's filing fee. You can download these forms for free from the California Courts website (courts.ca.gov/forms).
Step 3: Fill Out the Answer Form
On the Answer form, you will respond to each allegation in the Complaint by either admitting it, denying it, or stating you lack sufficient information. You must also state any "Affirmative Defenses" you have. A common defense is that the lawsuit was filed after the statute of limitations expired (typically four years for a written contract under CCP 337).
Step 4: File Your Answer with the Court
Make at least two copies of your completed Answer. Take the original and copies to the clerk's office at the Superior Court listed on the Summons. The clerk will stamp all copies and keep the original. You must pay the filing fee or submit your completed fee waiver request at this time.
Step 5: Serve a Copy on the Plaintiff
You must formally deliver a copy of your filed Answer to the plaintiff's attorney. You cannot do this yourself. Ask a friend, family member, or professional process server who is over 18 and not a party to the case to mail a copy to the attorney listed on the Complaint.
Step 6: File the Proof of Service
The person who mailed the Answer must fill out and sign a Proof of Service form (usually POS-030, "Proof of Service by First-Class Mail"). File this completed form with the court clerk. This proves to the court that you properly notified the plaintiff of your response.
Important Details and Nuances:
Failing to file an Answer on time can result in a default judgment, which allows the creditor to garnish your wages or levy your bank accounts without further notice. Carefully review the Complaint for any inaccuracies regarding the debt amount or your identity.
Warnings and Limitations:
This process involves strict legal rules and procedures. An error in your Answer or failure to properly serve documents can damage your case. The "Answer" is just one possible response; depending on your situation, other options might be better.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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