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    tundrawolf's Avatar
    tundrawolf Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 5, 2008, 01:22 PM
    Collections summons
    Hello,

    I had to quit my job 2 years ago because I was being harassed. Since then I have lost everything, (Including my a-1 credit score) and have voluntarily reposessed a dirtbike.

    I recently got a summons for court for $5,000 for the dirtbike and I have NO IDEA what to do now. I called the court, and they said they couldn't even tell me what form to fill out. From my limited research I found out I have to fill out an "answer". I don't know where to begin on this.

    I am living in a trailer behind a mine and get my food from a church. I have 1 hour access times on the net for research courtesy of the library, so research (Like the court suggested) is difficult. I also live over 100 miles from where the court is. Obviously, I don't have much in seizable assets.

    I don't even see a court date on the summons, so I have no idea what to do now. The summons was delivered to my brother at an old address, and my brother told the guy "I will give it to him".

    I don't know what to do. Please help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 5, 2008, 02:18 PM

    There are dozens of threads here that address this issue.

    You have to file an Intent to Defend with the court. This can be a simple letter stating you want to defend against the suit and request a hearing.

    You then send a copy of that letter to the plaintiff with a request for verification of the debt. At the hearing, if they produce verififcation then you are going to lose, if they don't you ask for a dismissal.
    tundrawolf's Avatar
    tundrawolf Posts: 3, Reputation: 1
    New Member
     
    #3

    Dec 6, 2008, 03:28 PM
    Hello,

    I realize that. However the court isn't even willing to tell me what form to fill out. Obviously, I cannot afford a lawyer and have no legal background.

    Maybe I could have a leg to stand on if I could figure out what form I need to fill out.

    Here is a list of forms:

    California Courts: Forms

    That is my problem. I am totally screwed because I cannot afford an attorney. I emailed a public defenders office to see if they could help me in my case, but if they cannot, them I am really in trouble.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Dec 6, 2008, 03:49 PM

    Small claims court is more informal. Just submit a letter with your intent to defend. No spwcific form should be necessary.
    tundrawolf's Avatar
    tundrawolf Posts: 3, Reputation: 1
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    #5

    Dec 6, 2008, 04:10 PM
    Thanks for that reply-I didn't know it was small claims, I just looked it up, in California you can sue for up to 7,500 in small claims which makes it a small claims matter. Now I have to find out when my court date is..

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