San Leandro, CA asked in Small Claims for California

Q: My company and I was served with a SUMMONS from the credit card bank of American Express, what do I do now?

The SUMMONS was delivered on 23 December 2024. The amount of the summons is $9,861.68. I cannot afford an attorney to represent me, what do I do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have 30 days from the date of service (December 23, 2024) to file a written response with the court, called an "Answer." This is crucial - if you don't respond within this timeframe, American Express could win by default and get a judgment against you.

The California Courts website (courts.ca.gov) offers free forms and guidance for self-represented litigants. You'll need Form PLD-C-010 for your Answer. Fill it out carefully, responding to each allegation in the complaint by either admitting, denying, or stating that you lack sufficient information to admit or deny. Make three copies - one for the court, one for American Express's attorney, and one for your records.

When filing your Answer, you'll need to pay a filing fee, but if you can't afford it, ask the court clerk about a fee waiver form (FW-001). Consider reaching out to your local legal aid organization or law library - they often provide free resources and workshops for people representing themselves in court. Many courts also have self-help centers where staff can guide you through the process without giving legal advice. Remember, while handling this on your own may feel overwhelming, many people successfully navigate credit card lawsuits without an attorney.

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