If you’ve been sued for credit card debt in California, you usually have 30 days from the date you were personally served to file a written response, called an Answer, with the court. Miss that deadline and the creditor can ask for a default judgment against you. Even if a judgment is entered, California limits how much of your pay can be garnished, and a low-income exemption can protect most or all of your paycheck. At askworthy.ai, you can build an offer to settle the debt before or after a judgment.
What being sued for credit card debt in California means
A lawsuit starts when a creditor or a debt collector files a complaint and has you served with two documents: a Summons and a Complaint. The Complaint says who is suing you, how much they claim you owe, and why.
Being served is not the same as losing. It is the start of a process you can take part in, and taking part is what protects you.
Your 30-day deadline to respond
In California, you generally have 30 days from the date you were personally served to file a response with the court. The deadline is counted in calendar days, and it does not wait for you to feel ready.
Filing an Answer keeps the case alive and forces the person suing you to actually prove the debt: that the amount is right, that it is your account, and that they have the right to collect it. Debt buyers often struggle to produce that proof.
How to respond to a California debt lawsuit
- Read the Summons and Complaint carefully. Note the date you were served, the court named, who is suing you, and the amount they claim.
- Confirm your deadline. Count 30 calendar days from the date of personal service. That is when your response is due at the court.
- Decide how to respond. Most people file an Answer, which is a form that responds to the Complaint. You can also try to settle, or get advice from a legal aid office or attorney.
- Fill out the Answer form. California provides a fill-in Answer form for contract cases. You can deny the claims and list any defenses, such as a wrong amount, a debt that isn’t yours, or an expired statute of limitations.
- File with the court and handle the fee. File your Answer with the same court named in the Summons. If you can’t afford the filing fee, California has a fee waiver request you can file at the same time.
- Serve a copy on the plaintiff. Someone over 18 who is not you must mail a copy of your Answer to the plaintiff’s attorney, then complete a proof of service.
- Stay involved. Go to every hearing. Once the plaintiff has to prove its case, it may be more willing to settle on terms you can manage.
What happens if you ignore the lawsuit
If you do not respond within 30 days, the plaintiff can ask the court for a default judgment. That means they win automatically, without ever proving the debt.
A judgment unlocks collection tools the creditor did not have before: wage garnishment, a bank account levy, and liens on property. A default judgment is much harder to undo than it is to prevent, so responding on time is the single most important step.
How much California can garnish from your wages
If a creditor gets a judgment, it can garnish your wages, but California caps how much. The most that can be taken from any one paycheck is the lesser of these two amounts:
- 20% of your disposable earnings for that week, or
- 40% of the amount by which your weekly disposable earnings exceed 48 times the state or local minimum hourly wage.
Disposable earnings are what’s left after deductions required by law, such as taxes. This formula changed in 2023, so older guides that cite a flat 25% rule are out of date for California.
The low-income exemption
California has a separate protection for workers who can’t afford to lose any of their pay. After a garnishment starts, you can file a Claim of Exemption with the court.
The claim asks the court to reduce or stop the garnishment because you need those wages for the basic necessities of life for you and your family. For a low-income household, this exemption can protect a large share of the paycheck, sometimes all of it. You have to file the claim and show your income and expenses; the protection is not automatic.
Settling before or after a judgment
You can settle a credit card debt at any stage, but your leverage is strongest before a judgment is entered. At that point the plaintiff still has to prove its case and may prefer a clean deal.
After a judgment, you can still settle, but the creditor now has garnishment and levy tools, so the terms can be harder. Either way, get any agreement in writing before you pay, and make sure it states that the payment fully resolves the case.
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FAQ
Sources & References
- California Courts Self-Help: Respond to a debt lawsuit
- California Code of Civil Procedure § 706.050: Wage garnishment limits
- California Courts Self-Help: Claim of Exemption (wage garnishment)
- CFPB: What should I do if I’m sued by a debt collector?
This article is for educational purposes and does not constitute legal advice. Court deadlines and procedures can vary by case and county, and missing a deadline has serious consequences. Consult a licensed California attorney or a local legal aid office about your specific lawsuit.