Legal Question in Credit and Debt Law in California
In California if a collection agency decides to sue you for credit card debt through an attorney, how do the court or lawsuit documents have to be served? Is it legal for them to be left on your doorstep or mailed? Or do the documents have to be personally served to you?
1 Answer from Attorneys
The two most common ways are by personally handing the summons and complaint to you and the other is by substituted service. In a sub serve they try to serve you three times and on the3rd attempt they can leave them with someone who is mentally competent and over the age of 18 years old. After they do than they must then mail you a copy to the address.
In the first instance you have 30 days to respond i.e. file a motion or answer, in the second case you have 40 days after the date the papers were mailed to respond.
WHATEVER YOU DO NOT FAIL TO RESPOND TO THE COMPLAINT WITHIN THOSE DEADLINES OR THEY WILL GET A JUDGMENT AGAINST YOU!
Hope this helps and good luck in the new year.
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