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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I received a summons for a bill that I owe from a vender for

Customer Question

I received a summons for a bill that I owe from a vender for my small business. I need to check the bill for accuracy, but I know I owe them money. I have tried to work out a payment plan for this bill because I cannot pay it all now due to economic factors out of my control. Can I answer to the summons that I want to pay a portion and have a payment plan created for the balance?
Submitted: 3 years ago.
Category: Legal
Expert:  CalAttorney2 replied 3 years ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

William B. Esq. :

Unfortunately, there is no way to answer a civil complaint with a proposed payment plan. You can file an answer that includes a "general denial" and what are called "affirmative defenses". By filing an answer you will continue into the litigation process and give yourself time to negotiate the debt. (Most courts will even encourage or assist you in getting an early mediation set up).

William B. Esq. :

If you do not answer the complaint, the plaintiff (vendor) will get a default judgment against you, meaning they can collect the entire judgment (plus interest) using judicial processes, such as bank levies, till taps, property levies, etc.).

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to ask and I will follow up directly.

William B. Esq. :

Thank you for choosing Just Answer, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to our "Q&A" format to ensure that you can review my response, and that I can follow up to any questions you may have quickly. I wish you the best of luck in this matter. Best regards, Bill.

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