How to Respond to Debt Collection Summons in California?

Receiving a debt collection summons in California can be overwhelming—but it doesn’t have to mean defeat. With new 2025 protections and the right legal strategy, you can delay, dispute, or dismiss the case without spending thousands on an attorney. This guide combines everything you need to know—from deadlines to defense forms—into one powerful response plan.

Act Fast: You Have Limited Time to Respond

Deadlines:

• 30 days if served in person (includes weekends & holidays)
  
• 40 days if served by mail or substitute service (e.g., left with someone)

Missing this = Default Judgment → Wage garnishment (up to 25%), bank levies, property liens, driver’s license suspension.

First Step: Circle your deadline on the summons. If it falls on a weekend/holiday, the due date is the next business day.

Read the Summons & Complaint Carefully

You’ll receive two documents:

• Summons: Tells you you’re being sued and your deadline to respond.
  
• Complaint: Lists who’s suing you and why.

Check for Legitimacy:

• Is the plaintiff licensed? (Debt buyers must include CA DFPI license number)
  
• Do you recognize the original creditor, account, and amount?
  
• Has the statute of limitations (SoL) expired?
  
  • Credit cards & medical debt: 4 years from last payment
    
  • Oral agreements: 6 years
    
• Was service valid? (Invalid if no personal delivery or improper substitute service)

Draft Your Answer Using Form PLD-C-010

California requires Form PLD-C-010 for responses.

A. Respond to Each Paragraph:

Choose one of three options per line:

• Admit (rarely use)
  
• Deny
  
• Deny for lack of knowledge

Pro Tip: Deny everything—it shifts the burden of proof to the creditor.

B. Assert Affirmative Defenses

List these upfront or lose the chance forever:

Defense	Evidence to Include
Statute of limitations	Last payment date over 4 years ago
Improper service	Server affidavit or witness statement
Identity theft	Police report + FTC affidavit
No legal standing	Ask for chain of debt ownership documents
Paid debt already	Bank statements or cancelled checks

2025 Update (SB 1286): Debt buyers must prove ownership before suing.

C. Attach Required Forms

• Verification (for debts over $25,000)
  
• Fee Waiver (FW-001) if you earn ≤ $1,436/month or get public benefits

File and Serve Your Answer

A. Filing with the Court:

• File at the court listed on the summons
  
• Fees (unless waived):
  
  • $225 (<$10K), $370 ($10K–$35K), $435 (>$35K)
    
• Submit:
  
  • Original + 2 copies of your Answer
    
  • Fee waiver if applicable

B. Serving the Plaintiff:

• Who: Any adult (18+) not involved in the case
  
• How: Mail to plaintiff’s attorney via Certified Mail
  
• Proof: Attach completed POS-030 to your Answer

After Filing: Defend or Settle

A. Use These Legal Tactics:

• Debt Validation Demand:
  “Provide original contract, full payment history, and ownership documents within 30 days.”
  
• Motion to Compel Arbitration (if your original contract allows)
  
• FDCPA Counterclaim: File for $1,000+ damages if they harass or threaten you

B. Negotiate Smart:

Once you’ve filed, you gain leverage.

• Offer 30–50% lump-sum payment to settle
  
• Use this script:
  “I’ll pay $X if you dismiss the case with prejudice and delete the credit reporting.”
  
• Demand Request for Dismissal (Form CIV-110) be filed with court

Related article: How to Respond to Debt Collection Summons in Alabama?

Mistakes to Avoid

Mistake	Why It’s Dangerous
Ignoring discovery requests	Leads to default judgment
Saying “I’ll pay later”	Resets the SoL clock
Paying before court dismissal	No protection—case remains active
Serving the plaintiff yourself	Invalidates service

Resources to Help You Win

Tool	Use	Source
PLD-C-010	File your Answer	California Courts
FW-001	Apply for fee waiver	Same
POS-030	Prove service	Same
SoloSuit	Auto-fill legal forms	solosuit.com
LAFLA Hotline	Free legal aid	(800) 399-4529

What If You Missed the Deadline?

You can still fight back:

• File a Motion to Vacate Default Judgment under CCP § 473(b)
  
• Must act within 6 months of judgment entry
  
• Include a draft Answer and reasons for your failure to respond

Other FAQs

Question	Answer
Can I change my address?	File MC-040 and serve updated copy
Can I settle after I file?	Yes—get it in writing and court-approved
Arbitration in contract?	File motion immediately after your Answer
Will this help my credit?	Only if the case is dismissed with prejudice
Garnishment already started?	You can file to stop or reduce it with a court-approved settlement

Stay Grounded & Get Help

Debt lawsuits are stressful. Take care of your mental health and seek support:

• Legal Aid Foundation (statewide)
  
• NFCC for budget help
  
• CFPB or California DOJ to report debt collector abuse

Summary: You Have Power—Use It

✔ Respond within 30 days using Form PLD-C-010
✔ Deny all allegations to make them prove everything
✔ Use affirmative defenses (esp. SoL or improper service)
✔ Take advantage of 2025 laws protecting you
✔ Consider settling only after you file
✔ Track everything and mail certified

“80% of California debt lawsuits are won by default—NOT evidence. Your Answer alone changes the game.”
— California Department of Financial Protection & Innovation

Take Action Now:

1. Download Form PLD‑C‑010 and POS‑030 from courts.ca.gov
   
2. Write your Answer, attach defenses, and file with court
   
3. Serve the plaintiff via certified mail
   
4. Track your case and keep every receipt

Protect your paycheck. Preserve your rights. Fight back—legally and smartly.