Legal Question in Credit and Debt Law in California
Don't know how to respond to a summons
I received a copy of a summons that was filed against me in court for a $6,000 credit card debt. The summon was filed on Oct. 30 but I only received a copy of it today by first class mail. Do I have 30 days from Oct. 30 to respond or 30 days from the date I received it?
I really do not know how to respond to the summons am very scared and confused.
I am looking for a competent attorney who can give me some legal advice and or help me with this case. I am a recent graduate who hasn't found a job yet so was hoping that an attorney can help me for a flat fee. I reside in Orange County, CA. Thank you.
3 Answers from Attorneys
Re: Don't know how to respond to a summons
I work with clients on flat fee basis. Many times the amount of the debt may be reduced. Call me directly at 16192223504.
Re: Don't know how to respond to a summons
Service was improper. They're supposed to personally serve you. If they can't, they can then serve an adult in your household and mail you a copy. Perhaps that's what they did.
In any case, you normally would have 30 days from receipt to file an answer or a demurrer. The Judicial Council has forms you can find on the internet, but it's always better to have an attorney handle it for you. If it's a collection agency, they often don't have all the paperwork and the debtor might be able to win if the debtor pursues the case with an attorney. Although I'm now in San Francisco, feel free to contact me if you can't locate a lawyer in OC. Most cases don't need court appearances and, even so, lawyers often can do them by telephone.
Re: Don't know how to respond to a summons
I would respond to it right away. First of all, is this your debt? Do you owe it? How did you manage to run up a $6000 credit card bill if you've never had a job?