Collection lawsuits · Beverly Hills
Sued by a Debt Collector in Los Angeles County
If you were sued by a debt collector in Los Angeles County, you generally have 30 days after you are served to file a response, or the collector can ask for a default judgment. Your options include fighting the case, settling it or filing bankruptcy to stop it. Call (310) 362-9071 as soon as you are served so we can look at your deadline.
- 30 days to respond after service in most cases
- Most collection suits are limited civil cases, $35,000 or less
- California generally bars suits on consumer debt after 4 years
- Filing bankruptcy pauses the lawsuit right away
At a glance
Your 30-day deadline
Your deadline is 30 days after you are served with the summons and complaint. Code of Civil Procedure section 412.20 sets that time. If the papers were left with someone else at your home or mailed, the deadline can be later, so check the proof of service.
Count calendar days, not business days. Weekends count, but if the last day falls on a weekend or court holiday, the deadline moves to the next court day. Write the date you were served on the summons the day you get it.
What happens if you do nothing. If you do not respond in time, the collector can ask the court to enter your default. Then it can get a default judgment, usually for the full amount claimed plus costs. With a judgment, the collector can garnish your wages, levy your bank account and record a lien on real estate. Learn how that works on our judgment debt page.
Which court and what kind of case
Most debt collection lawsuits against Los Angeles County residents are filed in the Los Angeles County Superior Court. The summons lists the courthouse. The Superior Court's website has a filing court locator that shows which courthouse handles cases for your area.
Most collection suits are limited civil cases. A limited civil case is one where the amount in dispute is $35,000 or less (Code of Civil Procedure section 85, as of January 1, 2024). These cases use simpler rules and lower fees than larger cases. The court's self-help center can explain the forms for responding.
Common defenses
- The debt is too old. The time limit to sue on a written contract in California is 4 years (CCP 337(a)). For consumer debt, California law now treats the end of that period as a full bar to suing or arbitrating, not just a defense you must raise. Debt buyers are also barred from suing after the time limit runs (Civil Code section 1788.56).
- The debt buyer cannot prove it owns the debt. Debts are often sold more than once. A debt buyer has to show it owns your account and how it got the amount it claims. Gaps in the paperwork can defeat the case.
- The amount is wrong. Extra fees, interest or payments not credited can be challenged.
- It is not your debt. Identity theft and mixed-up files happen.
A collector's letter on a debt that is too old must say: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it." (Civil Code section 1788.14(d)). If a collector threatens suit on an old debt, see our page on creditor harassment laws.
Your options, including bankruptcy
Your options are to defend the case, settle it or file bankruptcy. Which one fits depends on how many debts you have.
- Defend. One lawsuit with a real defense may be worth fighting in state court. Our practice is limited to bankruptcy, so we do not defend collection suits in state court. We can tell you if bankruptcy is a better fit.
- Settle. Some collectors accept a lump sum or a payment plan. Get any deal in writing before you pay.
- File bankruptcy. If you have several debts or other suits are coming, bankruptcy may solve them all at once. The automatic stay pauses the lawsuit the moment you file. We file a notice of bankruptcy in the state court case. When your case ends, the debt is usually discharged.
Credit card debt is the most common source of these suits. See credit card debt relief for more.
Lawsuit mistakes to avoid
- Ignoring the summons. A default judgment is much harder to undo than a lawsuit is to answer or pause.
- Calling the collector instead of responding. A phone call does not stop the deadline.
- Paying on a very old debt without advice. Know your rights before you send money on an old account.
- Moving money or property. Transfers after a suit is filed can cause problems in court and in bankruptcy.
What it costs
- Chapter 7: flat attorney fee from $1,200, plus the $338 court filing fee
- Chapter 13: attorney fee quoted in writing, and part of it can be paid through the plan
- Payment plans are available, and the first consultation is free
More on lawsuits and collections
Debt collector lawsuit questions
How long do I have to respond to a debt collector lawsuit in California?
You have 30 days to respond to a debt collector lawsuit in California after you are personally served. Other kinds of service can add time. Check the proof of service.
What happens if I ignore a debt collector lawsuit?
If you ignore a debt collector lawsuit, the collector can get a default judgment. It can then garnish your wages and levy your bank account.
Can a debt collector sue me for a debt older than 4 years?
No, a debt collector generally cannot sue you in California on a consumer debt more than 4 years old under a written contract. When the clock starts depends on your account history.
Does bankruptcy stop a debt collector lawsuit?
Yes, bankruptcy stops a debt collector lawsuit the moment you file. The debt is then usually discharged at the end of the case. Read our guide to stopping creditor lawsuits.
Free consultation
Do not let the deadline pass
Call (310) 362-9071 or send the form. Have the summons in hand and tell us the date you were served.
Law Offices of John Asuncion9454 Wilshire Blvd., Penthouse Floor
Beverly Hills, CA 90212
(310) 362-9071
Monday to Friday, 9 a.m. to 6 p.m.