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Being Sued by a Debt Collector in Fontana?
You have deadlines — and you have options. Free consultation.
If you have been served with a lawsuit, the clock is running. In California you generally have 30 days from the date you were served to file a written response with the court. Miss it and the collector can take a default judgment — which leads to wage garnishment and frozen bank accounts. Call before that deadline passes.
Most people being sued over a credit card or medical bill are not sued by the original company. The debt was sold, often for pennies on the dollar, to a debt buyer who now sues in its own name. That matters, because debt buyers frequently cannot produce the documents needed to prove the debt is really yours and really the amount claimed.
What Happens If You Ignore It
Doing nothing is the single most expensive choice. A default judgment lets the collector:
- Garnish your wages — California allows a significant portion of disposable earnings to be taken each pay period
- Levy your bank account — funds frozen without warning
- Record a lien against real property you own
- Add interest and costs — California judgments accrue post-judgment interest, so the balance grows
- Renew the judgment — California judgments are enforceable for ten years and can be renewed
Your Realistic Options
1. Respond and make them prove it
The collector has the burden of proof. A debt buyer must show the chain of assignment from the original creditor and account records supporting the balance. Many cases resolve favorably simply because that paperwork does not exist.
2. Raise the statute of limitations
In California the limitations period on a written contract is generally four years, and on an open book account — the category most credit card debt falls under — also four years, running from the date of breach. It is an affirmative defense, meaning it does nothing unless you raise it in your answer. Be careful: making a payment or acknowledging the debt in writing can restart the clock, which is why you should not talk to a collector before getting advice.
3. Negotiate a settlement
Debt buyers paid little for the account and often settle. Get any agreement in writing before paying anything, and understand that forgiven debt over $600 may be reported to the IRS as income on a Form 1099-C.
4. File bankruptcy
Filing triggers the automatic stay, which stops the lawsuit immediately — mid-case, on the eve of trial, or after judgment. Chapter 7 discharges most credit card, medical and personal loan debt entirely. Chapter 13 folds it into a payment plan you can afford. If a judgment lien has already attached to your home, bankruptcy may allow that lien to be avoided.
This is not automatically the right answer. If it is one lawsuit and your finances are otherwise stable, defending or settling may be better. If there are several collectors and garnishment has started, bankruptcy usually is. Compare all four debt relief options →
Collectors Have Rules They Must Follow
Two laws protect you — the federal Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act, which is broader and reaches original creditors as well. Collectors may not:
- Call before 8 a.m. or after 9 p.m.
- Call you at work after you tell them to stop
- Threaten arrest, criminal charges, or deportation over a consumer debt
- Threaten legal action they do not intend to take
- Discuss your debt with your employer, neighbors, or family
- Misrepresent the amount owed or who they are
Keep a log of every call: date, time, number, what was said. Violations can give you leverage — and in some cases a claim of your own.
Do Not Do These Things
- Do not ignore the summons. Thirty days.
- Do not make a small “good faith” payment on an old debt before checking the limitations period.
- Do not give a collector your bank account number over the phone.
- Do not agree to anything verbally without it in writing first.
- Do not empty a retirement account to pay a collector. Retirement funds are largely protected in bankruptcy; once withdrawn and spent, that protection is gone.
Common Questions
Can a debt collector garnish my wages in California?
Not without first suing you and obtaining a judgment. Once a judgment is entered, a wage garnishment order can be served on your employer.
How long do I have to respond to a debt collection lawsuit in California?
Generally 30 days from the date you were served with the summons and complaint. Failing to respond allows the collector to request a default judgment.
Can bankruptcy stop a debt collection lawsuit that has already started?
Yes. The automatic stay takes effect the moment the bankruptcy case is filed and halts the lawsuit, including after a judgment has been entered.
What is the statute of limitations on credit card debt in California?
Generally four years, but it is an affirmative defense that must be raised in your court response, and certain acts — such as making a payment — may restart it.
Talk to Us Before the Deadline
Bring the summons and complaint, any letters from the collector, and a list of your other debts. The consultation is free and there is no obligation.
Hedtke Law Firm
7426 Cherry Ave, Suite 210-312, Fontana, CA 92336
Phone: (909) 457-0054
Serving Fontana, Rialto, Colton, Jurupa Valley and Bloomington.
Bring the Summons and We Will Read It With You
Neil R. Hedtke has practiced law in California since 2010 and has filed approximately 3,000 cases. He earned his Juris Doctor from the University of La Verne College of Law and is admitted to the State Bar of California, bar number 273319 — which you can verify yourself at calbar.ca.gov.
The date you were served is the date that matters. Do not wait until day 29 to make the call, and do not talk to the collector before you have advice.
General information about California debt collection law, not legal advice for your specific situation. Deadlines and limitations periods vary by case type and facts — confirm yours with an attorney.