Legal Question in Credit and Debt Law in California

Improper Service and Statue of Limitations

I recieved a sewer serve a few days ago and didn't recieve the proper mailed copy for substitue service in a credit card dispute. I have less than 30 days until the statute of limitations runs out. Should I respond to the lawsuit or let the statue run-out and then respond?


Asked on 2/04/08, 11:14 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Improper Service and Statue of Limitations

The Statute of Limitations only applies to when they must file the lawsuit by. You may be able to fight service, but then they will just re-serve you. You should consult with an attorney about this and how you can fight it successfully.

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Answered on 2/05/08, 10:16 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Improper Service and Statue of Limitations

The Statute of Limitations specifies when the lawsuit must be filed, not when it must be served. You are better concentrating your efforts are fighthing the lawsuit instead of engaging in futile efforts to dispute the validity of the service. Ignoring the lawsuit and not responding within the time you were allegedly served could result in a default judgment against you.

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Answered on 2/04/08, 11:49 pm


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