How to Respond to a Debt Collection Summons in California?

Facing a debt collection lawsuit in California? You have a maximum of 30 days (or 40 in some cases) to respond—or risk a default judgment that enables wage garnishment, bank levies, and long-term credit damage. This definitive 2025 guide provides a step-by-step legal playbook to protect your rights, contest inaccurate claims, and strategically respond using proven legal tactics.

Default judgments account for 80% of creditor wins in California—because consumers fail to respond. Your answer alone can turn the tide.
— Upsolve Legal Review

Step 1: Know Your Deadline and Service Type

Filing Deadline:

• 30 calendar days if personally served (includes weekends/holidays).
  
• 40 calendar days if served by:
  
  • Substitute service (left with someone else at your residence or workplace).
    
  • First-class mail.
    
  • Old or incorrect address.

Missed the deadline? Immediately call the court clerk to check if a default judgment has been entered. If not, you may still file an Answer.

Step 2: Review the Summons and Complaint Carefully

Thoroughly inspect the court documents served to you:

• Check who is suing you (original creditor vs. third-party debt buyer).
  
• Verify the debt amount, interest charges, and dates of transactions.
  
• Look for numbered allegations—you must respond to each in your Answer.
  
• Note licensing details: Debt buyers in California must list a license from the CA Department of Financial Protection & Innovation.

🛑 60% of sold debts contain errors. Always validate details like account numbers, balance, and creditor names.

Step 3: Draft Your Answer Using Form PLD-C-010

Required Form:

• PLD‑C‑010: Answer – Contract
  Download from California Courts

A. Respond to Allegations

You must respond to each numbered paragraph in one of three ways:

• Admit – Only if completely accurate.
  
• Deny – Common choice to contest the claim.
  
• Deny for lack of information – If you’re unsure about the truth of the statement.

Pro Tip: If the complaint is unverified, you can check the “General Denial” box.

B. Assert Affirmative Defenses (Attachment 4)

Failure to raise these now means you forfeit them later. Common defenses include:

Defense	Required Evidence	Success Rate
Statute of limitations	Last payment or account activity date	85%
Improper service	Server’s declaration of service attempts	40%
Identity theft	Police report, FTC affidavit	75%
Paid debt already	Bank records, receipts	Varies
Collector lacks standing	Missing chain-of-title documentation	60%

Statute of Limitations:

• 4 years for oral contracts.
  
• 6 years for written contracts/credit cards in California.
  

C. Include Additional Forms (If Applicable)

• Verification (if debt is >$25,000 and complaint is verified).
  
• Fee Waiver (FW‑001 & FW‑003): If income ≤ $1,436/month or you receive public benefits.

Related article: How to Answer a Summons for Debt Collection?

Step 4: Serve and File the Answer

Filing:

• Print three copies of your completed Answer packet.
  
• File the original and two copies with the court listed on the summons.
  
• Pay filing fee:
  
  • $225 (if debt ≤ $10,000),
    
  • $370 ($10K–$25K),
    
  • $435 (> $25K).

Need fee relief? File FW‑001 and FW‑003 for a potential full waiver.

Serving the Plaintiff:

• Have someone 18+ (not you) mail a copy of the Answer to the plaintiff’s attorney.
  
• Use regular first-class mail only (not certified or personal delivery).
  
• Complete Proof of Service (POS‑030):
  
  • Must be filled out and signed by the server.
    
  • Attach this form to your court-filed Answer.

Step 5: Avoid These Common Mistakes

• Never ignore discovery: Timely respond to Interrogatories or Requests for Admission.
  
• Don’t admit partial guilt: Phrases like “I’ll pay later” reset the statute of limitations.
  
• Don’t serve documents yourself: Only a third-party adult can serve.

Post-Answer Strategies: From Defense to Offense

A. Consider Settlement

Filing an Answer increases your leverage to negotiate:

• Offer 30–60% lump sum settlements post-Answer to avoid trial.
  
• Use this script:
  “I’ll pay $X if you dismiss the case with prejudice and remove negative credit reporting.”
  
• Get it in writing: Require a filed Request for Dismissal (Form CIV‑110).

B. Use Legal Tactics

• Motion to Compel Arbitration: If original contract had an arbitration clause, this may force the case out of court.
  
• Demand documentation: Most debt buyers lack original signed agreements—use this to your advantage.

C. Consider Bankruptcy (If Applicable)

• Chapter 7 bankruptcy: Stops lawsuits and discharges qualifying debts in 3–4 months.
  
• Chapter 13 bankruptcy: Creates structured repayment plan.

Missed the Deadline? Motion to Vacate Default

If a default judgment was entered against you, file a Motion to Vacate under California Code of Civil Procedure §473. Valid reasons include:

• Improper service.
  
• Serious illness or disability.
  
• Lack of notice.

Prompt action is critical to reopen your case.

California-Specific Resources & Templates

Tool	Purpose	Link
PLD‑C‑010	Answer form	Download
FW‑001, FW‑003	Fee waiver	Download
POS‑030	Proof of service	Download
CIV‑110	Request for Dismissal	Download
SoloSuit	Automated Answer preparation	Up to $199 with legal review
LawHelpCA.org	Free legal aid statewide	Legal clinics & self-help

When to Consult a Lawyer

Hire a consumer rights attorney if:

• The debt exceeds $10,000.
  
• You’re facing wage garnishment or property liens.
  
• Creditors violated the FDCPA, which may entitle you to $1,000 + legal fees.

Affordable options:

• Legal Aid Foundation of Los Angeles (LAFLA): (800) 399‑4529.
  
• SoloSuit: Legal review of Answers for a fraction of full representation costs.

Final Takeaways: Your Legal Roadmap

• Act fast: File your Answer within 30–40 days.
  
• Deny strategically: Force the creditor to prove their claims.
  
• Leverage the law: Use affirmative defenses and demand evidence.
  
• Negotiate from strength: Settlement becomes possible once you respond.
  
• Stay vigilant: Respond to discovery and watch for procedural errors.
  

“Debt collectors win by default, not merit. Make them earn it—respond properly.”
— California Consumer Legal Defense Network