Legal Question in Credit and Debt Law in California
I was served a summons for credit card debt when I was not at home. The server asked for me and when my husband (unseen by server) was unable to get off the couch due to a bad back, he yelled to towards the door that I was at work 4 cities away. The server said I will just leave this (the summons) here and left the summons on the front porch and disappeared. When I discovered the summons on the parch the next day my husband shared the prior days event with me. He was never told by the server the importance of the information be presented. The box is marked on the sumons that it was delivered to the defendant directly and there is no proof of service filed with the court. does this help my case at all? Also, the server was not identified in the summons. The paper work doesn't seem to be complete either, there is no case ccover sheet and no civil lawsuit notice included. Any thoughts? Date plantiff filed was July 7th and no delivery date provided but I t wasn't delivered until the 14th and I found it on the 15th. Will I meet the 30 dayanswer if I turn it in tomorrow?
1 Answer from Attorneys
What do you mean by "turn it in tomorrow"? This isn't homework. It's a lawsuit. Some credit card company or junk debt buyer is suing you. And, as it says on the summons, if you don't file a response within 30 days, a default judgment could be entered against you, and the sheriff could show up at your bank or workplace to take your money. You were served on July 14th and you had until August 13th to respond. You may still have a few days left to respond before default is entered, and even if a default is entered it can usually be set aside. You should consult a lawyer experienced in consumer debt issues before responding, speaking with plaintiff's lawyers, or settling with the plaintiff.
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