Legal Question in Credit and Debt Law in California
I have been served with SUM-100 for a case that involves over $25,000. I have contacted the plaintiff attorney and offered them some money to settle the case. He has sent my offer to his client and waiting for reply. In the mean time he has given me 30 days extension to file a response to SUM-100. Two questions: 1) Can he just give me the extension? 2) Does the extension needs to filed with the court?
2 Answers from Attorneys
The normal procedure is to send a letter acknowledging his extension of 30 days to file an answer.
It is not uncommon for attorneys to grant extensions during settlement discussions. The court rules say the extension should be filed with the court as a stipulation and order, but people often ignore this rule. At the very least, you should get it in writing.
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