I've received a summons advising me that I am being sued by the law firm representing Capital One Bank, for collections on my credit card debt.

They are seeking a judgment against me for the purpose of garnishing my wages.

I understand that I must file a response with the court or else forfeit the case.

Which forms must I file?
Where can I get the forms?

Can I file Online?

(Los Angeles Superior Court, Los Angeles, CA)

Yes you do if you go to court you can set up payment arrangements. If you do not then they will just garnish your wages and they can garnish up to 1/4 of it. So I would definitely show up and tell them how much you will be able to pay. Good Luck don't worry it will be okay :)

Oh and if you set up arrangements then you have to stick to them or they will just start taking the 25% out of your pay check. I know cause my mom has went through this recently.

Generally these things are more informal. All you need to do is submit a letter stating your Intent to Defend against the suit and request a hearing.

What are your grounds for defense?

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Originally Posted by topladyj

If You Recived A Summons Usually It Has A Court Date On It And When You Show Up They Should Have You Fill Everything Out There. Thats What Happened When I Got My Summons, Just To Be Safe I Would Call The County Clerks Office And Ask Them They Should Know For Sure. Hope This Helped

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This is not entirely correct - you have X days to respond; if you do not respond you can be precluded from entering a response at a later date. I wouldn't just show up and hope the time hasn't run out. The Court date and the number of days to respond are NOT the same.

You should be able to find the forms online at California Courts: Forms

You will probably have to file them with the court either by mail or in person.

Edited to add:

You probably received a Complaint along with the summons, which detailed their reasons for the lawsuit. That means you have to file an Answer to each count listed in the complaint. So the form you probably need is in the Pleadings Group of forms on that site.

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Originally Posted by topladyj

WELL I HAVE ONLY BEEN SUMMONS TO BE A WITNESS AGAINST PEOPLE SO,I DON'T KNOW ABOUT THE DATE THING THEY CONTACTED ME TO MAKE SURE I WOULD SHOW, AND MY SUMMONS HAD THE DATE I WAS TO APEAR IN COURT. AND IF YOU WOULD HAVE READ IT ALL I TOLD THEM TO TRY AND CALL THE COUTNY CLERKS OFFICE WHICH SHOULD EITHER SET THAT UP OR TELL THEM WHAT THEY NEED TO DO. THANKS FOR TRYING TO PROVE ME WRONG THOUGH I APPRICIATE IT.:rolleyes:

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I did read it all - If you were called to witness you were most likely served with a Subpoena, not a Summons - different papers, different Court demands, different scenario. The Court cannot give legal advice to a party and does not provide the forms the OP needs.

Rolling eyes back at you -

Quote:

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Originally Posted by topladyj

THANKS FOR TRYING TO PROVE ME WRONG THOUGH I APPRICIATE IT.:rolleyes:

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We appreciate that you want to help, but what Judy is trying to point out is that your situation was different from the OP's. Therefore your experience doesn't really help him. Judy wasn't trying to prove you wrong, but make sure the OP got the right info. We pride ourselves on the accuracy of the advice given here, so you really need to be sure you are giving good advice before you answer.

Quote:

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Originally Posted by topladyj

Yes you do if you go to court you can set up payment arrangements. If you do not then they will just garnish your wages and they can garnish up to 1/4 of it. So I would definatly show up and tell them how much you will be able to pay. Good Luck don't worry it will be okay :)

Oh and if you set up arrangements then you have to stick to them or they will just start taking the 25% out of your pay check. I know cause my mom has went through this recently.

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Actually this varies State to State and, depending on the reason for the garnishment (support, debt) the percentage varies between 10% and 25% of gross income.