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  1. #1
    Join Date
    Oct 2010
    Posts
    10

    Default Credit Collection Case

    My question involves collection proceedings in the State of: California

    I have received a summons for a credit collection case. I would like to defend my case via in pro per. With attorney fees, interest and principal, the balance due exceeds the small claims court monetary limit. Since I am not a lawyer I am seeking advice regarding how to get up to speed on representing myself. To start out I have found Nolo publication “Win Your Lawsuit” and “Creditor Remedies & Debtors Rights” a conference in San Francisco with lawyers in the collections industry. Legal advice regarding the best way to approach this issue would be greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Credit Collection Case

    each case is based on it's own merits. There is no "one size fits all" answers to how to defend a case. The first questions that need to be answered are: is it your debt and is it within the statute of limitations to sue?

    Since this isn't in small claims, you will be facing a lawyer and the courts will expect you to abide by the rules of civil procedure so you need to find the rules that apply to the court this is in and start learning.

  3. #3
    Join Date
    Oct 2010
    Posts
    10

    Default Re: Credit Collection Case

    jk,

    Thank you for your reply. The debt. is within the the statute of limitations, ie. I made a payment last year. Calif. has a 4 year statute of limitation. Thanks for the advice regarding the rules regarding civil procedure. I will read the California Code of Civil Procedure to make sure I address all of the procedural practices. I am currently researching "Affirmative Defenses".

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