Getting served with a lawsuit feels like a punch in the gut. You see your name on a court document. You see a dollar amount you might not recognize. Panic sets in.
Take a breath. You are not powerless.
Thousands of Californians face this exact situation every month. The ones who lose usually make one simple mistake: they do nothing. They ignore the papers, hoping the problem will fade away. It won’t.
If you ignore the lawsuit, the court will likely grant a default judgment against you. This allows the debt collector to garnish your wages or drain your bank account without asking permission again.
You have a better option. You can fight back. Here is how to file your Answer in California.
Don’t risk a default judgment. Generate your California court-approved Answer in 15 minutes.
1. The Deadline: The Clock is Ticking
In California, time is your most valuable asset. Once you are served, the clock starts immediately.
- Standard Deadline: You have 30 calendar days to file your response. This includes weekends.
- The “Substituted Service” Exception: If the papers were handed to someone else at your home or mailed to you (rather than handed to you directly), you generally have 40 days (30 days + 10 days for mailing).
Warning: Do not guess. If you are unsure exactly when the clock started, file within 30 days to be safe. Missing the deadline by even one day can result in an automatic loss.
2. The Cost: California Filing Fees
We need to be honest about the cost. California is one of the most expensive states for self-represented defendants.
Unlike many other states where filing an Answer is free or cheap, California courts charge a significant fee to file your defense. The amount depends on the size of the debt and the specific county, but you should expect to pay between $225 and $450.
Can I get the fee waived?
Yes. If you have a low income or receive public benefits (like CalFresh or Medi-Cal), you may qualify for a fee waiver. You must file a Request to Waive Court Fees (Form FW-001) along with your Answer. If approved, you pay nothing.
3. The Document: Your “Answer”
You cannot just write a letter to the judge explaining your hardship. The court requires a specific legal document called an Answer.
In this document, you must address the claims made against you. You generally have three options for each claim:
- Admit: You agree the statement is true.
- Deny: You state the statement is false.
- Lack of Information: You state you don’t know enough to say if it’s true or false.
Most attorneys recommend denying the allegations. This forces the debt collector to prove every part of their case—that they own the debt, that the amount is correct, and that they have the right to sue you. If they can’t prove it, they lose.
Assert Your Affirmative Defenses
This is your shield. Affirmative defenses are legal reasons why you shouldn’t have to pay, even if the debt was originally yours. Common California defenses include:
- Statute of Limitations: In California, the limit for most debt is 4 years. If the account has been inactive for longer than that, they cannot legally sue you.
- Identity Theft: The debt belongs to someone else.
- Lack of Standing: The company suing you didn’t buy the debt correctly and cannot prove they own it.
4. How to File (The Logistics)
Once your document is written and signed, you must file it with the court and send a copy to the person suing you.
Step A: File with the Court
You can file in person at the courthouse listed on the Summons. Bring two copies of your Answer. The clerk will stamp them, keep the original, and give you back a stamped copy for your records.
If you file by mail, send your documents to the Clerk of the Court. You must include the filing fee (check or money order) or your fee waiver application.
Step B: Serve the Plaintiff
You must mail a copy of your filed Answer to the plaintiff’s attorney. Their address is on the top left of the complaint document you received.
Pro Tip: Always use Certified Mail with Return Receipt. This gives you a tracking number and proof of delivery. If the plaintiff claims they never got your Answer, you have the receipt to prove them wrong.
5. Why “Pro Se” Doesn’t Mean “Alone”
The legal system is designed for lawyers, not regular people. The forms are confusing. The fees are high. The deadlines are strict.
But you can handle this. You just need the right tools. Writing an Answer from scratch is risky; one formatting error can get your paperwork rejected.
DebtAegis helps you build a strong, procedural defense without the cost of an attorney. We turn a complex legal headache into a simple checklist.