My question involves collection proceedings in the State of: California
Hi everyone, I was served with a summons by a Debt Collector and need to decide whether to respond and pay 255.00 for the answer. Some history on my situation I have 24,000 of debt that has gone to collections (save for a few Amex and target). I have a current loan from CashCall which is mostly paid back except for the interest payments. I am not sure what the interest is right now only is that its possibly outrageous(I can ask next time I call).
I talked to a few lawyers and legal aids and some said File BK right away to protect myself and my inherited property(one quarter share in a 30,000.00 property - according to the county assesors office)
One lawyer advised me to file and answer and ask for a wavier of fees and state my defense as SOL was exceeded and failure of the plaintiff to mitigate their losses (original creditor has sold debt to Portfolio Recovery Associates) Can I claim that I am low income and repayment would constitute hardship?
If I don't get a break on the answer filing fee (as advised) then I will have to pay 255.00 and not pay(or underpay) on the cashcall loan. Answering the summons may get me a better deal (or payments after a judgement is entered), is this correct? Should I just not answer and pay the loan to stay current seeing as I will get a judgement anyway?
How is the inherited property affected and what will defend it if possible (from attaching or liens?)
I can respond with more information later today if needed. Thanks for any information
Respectfully Matt291

