Legal Question in Credit and Debt Law in California

never served a summons for civil case

I found out I was being sued in civil court for credit card debt. I have lived in the same house for over twenty years but for some reason I was never served a summons and therefore could not respond to it, the case is scheduled for default prove up hearing next month. What if anything can I or should I do about this problem?


Asked on 5/11/07, 6:29 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: never served a summons for civil case

You should immediately file a motion to set aside default. A lawyer can assist you with that. You'd want to obtain from the court file a copy of the proof of service to show where they supposedly served you. Perhaps the address was off. Courts often will set aside default, especially if the motion is brought promptly.

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Answered on 5/11/07, 6:35 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: never served a summons for civil case

As Mr. Cohen states, you will want to consult with an attorney so that you can seek to set aside the default. Not being properly served is a proper reason to set aside the default.

I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/11/07, 6:46 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: never served a summons for civil case

You need to do this:

1. Go to the court and get a copy of the file, including the proof of service of the complaint;

2. Obtain any evidence that you were not served (the evidence will vary depending on the facts);

3. Talk to an attorney about filing a motion to set aside the default;

4. Either retain an attorney to file the motion or do it yourself.

Time is of the essence. Do not delay with this.

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Answered on 5/11/07, 6:54 pm


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