It's past 3 years and do i have to go court or do try to call the credit card company?
It's 4 years for a contract. You must answer the complaint unless you can negotiate. Sometimes I have been able to get a payment plan but your best bet would be to borrow the money and pay them. Just answering the complaint is close to $400. If you have a lot of other debt you might consider a Bankruptcy filing... but if you do nothing they will file a judgment against you and that is not good.
You have to file an Answer with the court within 20 days of your receipt of the summons and Col ain’t.
Depending upon what other debt you have, it would be best to try to enter into a payment plan with the creditor if you can afford to do that. Unfortunately, if you do nothing, the creditor will get a judgment against you and can thereafter garnish wages or attach money in bank accounts. But you need to act quickly. If you do have other debt that you are unable to pay, then seeking advice from an experienced bankruptcy attorney would provide you more information as to all options. Many attorneys offer a half hour no charge consultation. Your "3 year" reference is incorrect as stated by my colleague.
The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay first appearance fee to do so, so you should consult with an attorney as soon as possible to get a better understanding of your rights and options.