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 ?


Asked on 6/25/10, 9:30 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 6/26/10, 1:45 am

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.

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Answered on 6/26/10, 9:19 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 6/26/10, 9:23 am


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