Legal Question in Credit and Debt Law in California

Re: Not served

Has a default or default judgment been entered against you? If not, you need to file an answer or responsive pleading soon. If one was entered, you first have to go to the court and get copies of the proof of service. If for some reason they don't show you being personally served, you can file a motion to vacate any default entered against you. If they do show you being personally served, then you can also file a motion denying that fact and asking that the judgment be vacated. This is complicated stuff, and you may want to have a lawyer do it for you, if there is a lot of money at stake.

Re: Not served

Contact the attorney/party that served you to find out what's going on. They'll have a signed proof of service which will state who was served where and when. You can also view the proof of service, and the complaint, at the court without having to contact the other party. If there is a valid proof of service filed, don't ignore the lawsuit. If you do not defend yourself, the other side will seek to obtain a default judgment against you. And it is costly and onerous to seek to set a default judgment aside after it is entered. Lastly, as a general matter, it is a waste of time and money to contest service [except under certain circumstances, e.g. don't live in the state].

Re: Not served

Get yourself over to the courthouse, NOW, and ask to examine the case file (the web site will tell you which courthouse the case was filed in). Buy a copy of the complaint.

You have 30 days from the date of service to file a response, and the suing attorney will usually give you an extension if you ask, but do not discuss the case with this attorney (or his or her staff) nor should you rely on anything they tell you.

If the case could possibly be covered under your homeowners, renters, or auto insurance (for example if you are being sued for "negligence") contact your insurance carrier right away, in most cases your coverage includes legal services necessary to defend the case. If not, make an appointment with an attorney right away and bring the complaint.

If you find out a Default was entered, again, see an attorney or contact your insurance carrier with this information without delay.