If You're Sued By A Debt Collector:  A General Overview for California

Disclaimer: This document provides general legal information, not specific legal advice. This outline specifically references California procedures. Reading or using this outline does not create an attorney-client relationship. Laws, procedures, and timelines vary significantly by jurisdiction. Consult a licensed attorney or your local court self-help center for advice regarding your specific legal situation.

THE PARTIES

P is for plaintiff/ creditor. D is for defendant/ debtor.

ONCE D IS SERVED WITH A COMPLAINT REGARDING A DEBT

To avoid a default judgment D must file an answer with the court within 30 days and serve a copy on P.

 Alternatively, D can choose to file a Motion to Quash or a Demurrer, but these come with strict rules and timelines.

D can use a court waiver to try to get the filing fees waived.

The court will set a case management conference to discuss next steps and schedule the roadmap for the case.

DISCOVERY & MOTIONS

P and D will begin discovery by making a request for documentation so that each party can get all the information regarding the debt.

Pretrial motions can be filed before a trial happens. Examples include a Motion for Summary Judgment (MSJ), a Motion to Compel discovery, a Motion in Limine, or a Motion to Compel Arbitration.

SETTLEMENT TALKS

Settlement talks can occur at any point up to trial.

If settlement is unsuccessful, the case usually proceeds to trial.

THE TRIAL

A trial will be scheduled (likely a bench trial).

Note: If one party fails to appear at trial the trial can still proceed without that party.

POST JUDGMENT

If D loses at trial, post-judgment actions can be taken.

P will often attempt collection actions like wage garnishments or bank levies.

D can file claims of exemption to protect assets. Alternatively, D can file an appeal, file a motion for a new trial, file a motion to vacate the judgment, request a voluntary payment plan, or file for bankruptcy.