QUESTION

What should I do if being sued by a credit card company?

Asked on Mar 22nd, 2011 on Bankruptcy - California
More details to this question:
I am being sued by a credit card company in California and I got a summons. Do I need an attorney to answer and what should I do and what would it cost?
Report Abuse

3 ANSWERS

Bankruptcy Attorney serving Beverly Hills, CA
2 Awards
Call me for a free consultation. In general, it is a good idea to either defend the lawsuit or file bankruptcy (if the amount of this debt and the other debts that you have make bankruptcy an appropriate option). If you do not defend the lawsuit, the credit card company will almost certainly be able to obtain a judgment against you for the full amount of any money that you owe, including interest, fees, and costs. Attorney's fees may also be added. Once the credit card company has a judgment against you, it may take immediate collection action including, but not limited to, putting a lien on your home, levying on your bank account, and garnisheeing your wages. You do not necessarily need an attorney to prepare and file an answer for you, but you do need to have your answer in the proper format. In addition to whatever fee the attorney charges to represent you, there is also the cost of the court filing fee to file an answer. The current court filing fee for a first appearance in Los Angeles Superior Court is between $370.00 and $395.00/ defendant depending on the amount of the claim of the Plaintiff.
Answered on Mar 24th, 2011 at 9:24 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
If you have been served with a civil lawsuit, I strongly recommend hiring a civil litigation attorney. The bar association in your area can direct you to a qualified attorney. You have the option of filing a response, letting the Plaintiff take a default, or you can file for bankruptcy protection if you otherwise qualify. If you are looking for a bankruptcy attorney, please contact me for a free consultation.
Answered on Mar 23rd, 2011 at 9:00 AM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
You should answer unless you are soon going to be filing a bankruptcy case. If you do no answer within 30 days of being served a judgment by default will be issued by the court and the creditor will be able to garnish your wages, levy your bank account, force you to go to court to answer questions about your assets and income and take records with you, file a lien against any real property you own and even sell your property depending on the amount involved. You will also have a judgment in your credit report that will affect your ability to obtain credit in the future. Generally you do should have lawyer but if you cannot afford one then you should do your homework and learn how to prepare and file your answer to complaint and how to handle the case without a lawyer. How much it will cost to hire a lawyer depends on the lawyer and many other factors but it is unlikely to cost less than $1,000 and probably more like $1,500 to $2,000, plus you will have to pay a court filing fee for the answer to the complaint unless you can qualify for a waiver of fee because of low income. You can also try to settle the case if you can afford to pay something even if in payments. You should explore the possibility of bankruptcy depending on other debt you might have and depending on your income and property you might own in which you have equity.
Answered on Mar 23rd, 2011 at 8:46 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters