Legal Question in Credit and Debt Law in California
Response / Answer to a summons:
how do you count the number of days to reply . . . what happens if the required day falls on the week-end ?
3 Answers from Attorneys
it's the following Monday or other day that isn't a Saturday, Sunday, or Monday. The fact that you have to ask this question tells me you shouldn't be attempting to respond to a lawsuit by yourself. Consult A Lawyer, if you still have time. Or maybe you can afford to lose the case.
When counting the number of days to reply the day after you received the summons is day 1, and you count forward until you hit 30 days, weekends and holidays included. When counting legal days for something to be done "within x days after" an event, however, and the deadline falls on a day the courts are closed, you can do it the next court day. If the deadline for something is "x days before" an event, however, you must file it on the court day before the deadline.
Oops. I meant to say "that isn't a holiday," not "that isn't a Monday." Mondays count unless they're holidays. Monday, July 5 is a holiday. July 21 is a court holiday.