Legal Question in Credit and Debt Law in California
We live in Los Angeles and today my wife received a summons in the mail.
My family and I have had a rough couple of years. We work hard and were proud that we managed to always pay our bills and keep our credit record clean. That changed in 2009 when interest charges seemed to skyrocket and paying the bills month to month became more challenging. Towards the end of 2009, we spoke to our creditors to try and work things out... and basically they didn't want to help (we were told that everything like negotiating interest or lowering payments for a short duration was out of the question until after the following February - and that we should move immeadiatelt to debt consolidation). We held off and still tried to pay our bills, but ultimately defaulted on some credit cards early this year.
On top of my wife's salary, I am getting a small (in the grand scheme of things) lump sum from a project of mine (hopefully by the 2nd week of January), from which we hope to be in a position then to file Chapter 13, and have some money to pay our creditors.
Today (Dec. 8th, 2010), we received a summons in the mail from "Attorneys at law" based in San Jose. It was not registered mail, just regular. It said we are being sued by one of our creditors (paperwork filed in Los Angeles Superior Court on November 18). But I have looked through the document back to front and I see no date to appear or anything and am unsure what to do. It says we have 30 calender days to respond, but from when?
I know that neither my wife, myself or anyone in our friends or family were served. I know that my wife's workplace voicemail had a mysterious call the week of Thanksgiving saying someone was in the lobby with legal papers. Shortly after Thanksgiving, someone came to our house looking for my wife (she was at work, so I said as much), they said they had legal papers and thanks very much and left without serving me or anything.
We are just trying to make it through this next few weeks so we can bring this all to some type of closure. Does anyone have any advice please? Thanks in advance...
1 Answer from Attorneys
It sounds like your wife might be the vicitim of "sewer service". Sewer service is the practice of knocking on the door and then leaving the legal papers in the sewer or gutter on the way out. It is an illegal practice - but common none the less.
If you are truly prepared to file Chapter 13 in the 2nd week of January there may be no problem. It looks like the attorney will be claiming substitute service. Under the Code of Civil Procedure substitute service can be effectuated (generally) by 1) visiting the office or home at least 3 times and then leaving the papers with a person over th eage of 18. 2) Mailing within 10 days a copy of the documents that were served to the address of service. Service is then effective 10 days after mailing. Thus, if the mailing occurred on the 7th (check the post mark) service is effective on the 17th. Thereafter, your wife would have 30 days within which to answer/respond to the law suit. or until January 16, 2011. (This is real general and should be caluclated carefully)
If the Chapter 13 is filed before the 30 days then there is no need to appear in the Los Angeles Action. Your Chapter 13 attorney can provide the notice to the debt collection attorney.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
