Credit card companies and debt buyers file thousands of collection lawsuits in California every year, and most end in default judgments simply because the defendant never responded. A judgment allows wage garnishment and bank levies. If you respond on time, you have real defenses and real leverage to settle on better terms or win.
Your deadline: 30 days
In most California civil cases, including debt collection suits, you have 30 calendar days after personal service of the summons and complaint to file a response. A response can be an answer or a motion that challenges the complaint. Do not rely on phone calls with the collector's office; only a filed response protects you from default.
Defenses we raise
- Statute of limitations. Most credit card and written contract claims must be filed within four years (Code of Civil Procedure section 337). California also prohibits suing on time barred debt.
- Lack of standing. Debt buyers must prove they actually own your account. Gaps in the chain of assignment are common.
- Insufficient evidence. Under the California Fair Debt Buying Practices Act, debt buyers must have specific documents and information before suing.
- Wrong amount. Unauthorized interest, fees and charges can be challenged.
- Identity theft or mistaken identity.
- Improper service. If you were not properly served, the case or a default judgment may be set aside.
Turning the tables on unlawful collection
The federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act prohibit harassment, threats, false statements and calls at unreasonable times. Violations can support claims for damages and attorney fees, which often change the settlement conversation. Since July 1, 2025, the Rosenthal Act also protects individuals who owe or guarantee certain commercial debts of $500,000 or less.
Already have a judgment?
It may still be possible to set aside a default judgment, claim exemptions from wage garnishment or bank levies, or negotiate a reduced payoff. Act quickly, because some of these remedies have short deadlines.
Read: Sued by a debt collector? Your first five steps. More resources are available at Debtor Defense Law.
Frequently asked questions
How long do I have to respond to a debt collection lawsuit?
In California you generally have 30 calendar days after personal service of the summons and complaint to file a response. If you do nothing, the creditor can get a default judgment and then garnish wages or levy bank accounts.
What is the statute of limitations on debt in California?
For most written contracts, including credit card agreements, it is four years from the date of breach, usually the last payment (Code of Civil Procedure section 337). For debts sold to debt buyers, California law also limits suing on time barred debt.
What laws protect me from abusive collectors?
The federal Fair Debt Collection Practices Act and the California Rosenthal Fair Debt Collection Practices Act prohibit harassment, false statements and other unfair practices. Since July 1, 2025, the Rosenthal Act also covers certain commercial debts of $500,000 or less owed or guaranteed by individuals.