Legal Question in Credit and Debt Law in California

I'm in the state of california. I'm filling out a "Delcaration of Mailing" for my wife who is being sued by a bank. My question to you is, as her husband, can I fill this form out? I'm not on the credit card or being sued. As her husband, am I considered a non party?


Asked on 7/20/10, 12:02 pm

1 Answer from Attorneys

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

You certaiinly may serve papers by mail on behalf of your wife, but why is she filling out her own court papers? The summons you received is, in part, a lie. The California Judicial Council summons form implies that all you have to do is fill out a court form and this will protect you. In reality, responding to a lawsuit requires some legal knowledge and skill. If you fill out a form incorrectly, you'll lose the case when it could have been won. Please take your lawsuit to a lawyer and get his or her opinion. You might have some defense that isn't immediately obvious. Or you could have no defense, and paying a filing fee would be throwing good money after bad. Or your debts are such that you should be exploring bankruptcy options. Remember to respond within 30 days after the day you received the papers.

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Answered on 7/20/10, 3:20 pm


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