Legal Question in Credit and Debt Law in California
collection case
I received a letter from a consumer credit counseling company telling me that they came across a summons with my name on it. It was filed May 23, 2007, but I haven't been served yet. How long do they have to serve me? I don't want to miss my 30 day response window.
2 Answers from Attorneys
Re: collection case
Generally, they have 60 days to serve you. However, they can get this time extended fairly easily. If you want to know for sure, go down to the court and get a copy of the complaint. There may be a proof of service in the file. If there is not, you can call the attorney who filed the lawsuit and ask him to mail you the papers and that you will sign a document called a notice and acknowledgement of receipt indicating that you received the papers and accept service. That avoids any problems with the service that could hurt you, like a sewer serve or embarrassment of being served in front of friends or coworkers.
Re: collection case
They have 60 days to serve you, or they might do "sewer service" which is done by signing an affidavit of service and then throwing the summons down the nearest sewer. You could visit the downtown courthouse at 110 N. Grand and look up the civil index, or stay home and spend $4.75 and look up the case at www.lasuperiorcourt.org, then have someone else go to the courthouse and purchase a copy of the complaint (they will note the file with the name of the person who bought the copy, and if you do it yourself you might be deemed to have been served). In any event, don't be quick to sign up for the so-called consumer credit counseling, many of these are scams.