Being served with a debt collection lawsuit triggers a strict deadline. In California, you have 30 days to file a written response with the court. Miss that deadline and the collector gets a default judgment automatically — a court-ordered debt that enables wage garnishment, bank levies, and property liens. The 30-day clock starts the moment you are personally served.
Read the Complaint Carefully
The complaint must identify the plaintiff (who is suing you), the alleged debt (account number, original creditor, amount), and the legal theory (breach of contract, account stated, or open book account). Look for: whether the plaintiff is the original creditor or a debt buyer, whether the amount claimed matches what you believe you owe, and whether any exhibits are attached proving ownership of the debt.
Check the Statute of Limitations
The first defense to check is whether the debt is time-barred. California’s statute of limitations on written contracts is four years from the date of last payment or default. If the debt is older than four years, file an answer raising the SOL as an affirmative defense. The case should be dismissed.
File a Written Answer
Use Judicial Council Form PLD-C-010 for a general civil answer or file a typed response. Admit what is true, deny what is not, and raise every affirmative defense that applies: SOL, improper chain of title, lack of standing, and any FDCPA violations. File at the courthouse and serve a copy on the plaintiff’s attorney. Keep the file-stamped copy.
Educational use only. Not legal advice. Justice Foundation.
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