Legal Question in Credit and Debt Law in California
I was serve a summons 2 weeks ago. I have not filed my answer yet, but on line case summart says court date of 11/06/09 for CRC 3.740 (e) plaintiff failure to file proof os service. What is this? If I have 30 days from date served, where is this date recorded with the court?? They filed the suit April 27,2009. L.A. county limited civil suit ?? Help
2 Answers from Attorneys
When plaintiffs file a "collection case," the summons and complaint must be served within 180 days of its filing. The court sets a hearing 180 days after filing; if the plaintiff has filed proofs of service of the Summons and Complaint, that hearing "goes off calendar." If not, the plaintiff must show up in court and show cause why the complaint should not be dismissed. That date has nothing to do with the date on which your answer must be filed.
You have 30 days to file an answer. Assuming that the plaintiff files the proof of service (indicating to the court you were served) this date will be vacated.
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