What is the procedure for filing an Answer (Form PLD-C-010) to a credit card lawsuit in California?
To answer a credit card lawsuit in California, you must complete and file an Answer form with the court and serve a copy on the plaintiff, typically within 30 days of receiving the lawsuit. Here is the general procedure for filing an Answer using Form PLD-C-010.
Step 1: Obtain and Complete the Answer Form
Download Form PLD-C-010, "Answer—Contract," from the official California Courts website. Fill out the top section with your name, address, the court's information, and the case number, exactly as they appear on the Summons and Complaint you received.
Step 2: Respond to the Complaint
In section 4, you must respond to the allegations in the Complaint. You can use a "general denial" to deny all claims if the complaint is not verified (meaning it wasn't signed under penalty of perjury). If the complaint is verified, you must respond to each paragraph individually.
Step 3: State Your Affirmative Defenses
In section 5, you must list any "Affirmative Defenses." These are legal reasons why the plaintiff should not win, even if their claims are true. A common defense in credit card cases is the statute of limitations (the plaintiff waited too long to sue). If you do not list your defenses in the Answer, you may lose the right to use them later.
Step 4: Serve a Copy on the Plaintiff
You cannot personally deliver or mail the Answer. Have another adult who is not a party in the case mail a copy of the completed Answer to the plaintiff's attorney. That person (the "server") must then fill out and sign a Proof of Service by Mail form (Form POS-030).
Step 5: File Your Documents with the Court
Take the original signed Answer and the original signed Proof of Service to the clerk's office at the courthouse where the lawsuit was filed. You must pay a court filing fee. If you cannot afford the fee, you can apply for a fee waiver using Form FW-001.
Important considerations: The deadline to file your Answer is critical. Under California Code of Civil Procedure Section 412.20(a)(3), you have 30 calendar days from the date you were personally served with the Summons. If you miss this deadline, the plaintiff can ask the court for a default judgment against you.
Note: Filing an Answer is a formal legal action. An improperly completed Answer can harm your case. This procedure applies to limited and unlimited civil cases, not small claims court, which has a different process.
This is general information and does not constitute legal advice. For complex situations, or if you are unsure how to proceed, you should consult with a qualified California attorney to discuss your specific rights and options.
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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 14, 2025
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