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
Table of Contents
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.
- Substitute service (left with someone else at your residence or workplace).
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).
- $225 (if debt ≤ $10,000),
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.
- Must be filled out and signed by the server.
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