Legal Question in Credit and Debt Law in California
I am being sued in civil court. Papers were filed on Jan 7,2011. I rec'd the summons via mail on Jan 27,2011. It states I must file and respond in legal form within 30 days. When do my 30 days start?
Also i need to have fees waived. they are tring to collect 20 thousand since 2008 and I have made under 10 thousand in the last 3 yrs combined. What do I do?
1 Answer from Attorneys
The amount they're trying to collect is not pertinent to the preliminary steps you must take to preserve your rights. More than likely, you received the summons and complaint by mail because the plaintiff's attorneys "substitute served" an adult in your home. The law requires that a copy be mailed to the named defendant at the same address. To be safe, you can check the court's website (if any) and see if you can view the proof of service to determine when plaintiff is claiming it was served, and how. You would file your responsive pleading 30 days from that date. If that doesn't help, you should file your responsive pleading at the earliest possible time, on or before February 21, to play it safe.
As for the fees, the court and/or the Judicial Council website have applications for waiver of court fees and proposed orders. Complete those and hand them to the court clerk when you file your responsive pleading. In the unlikely event that you don't qualify for a fee waiver, the court clerk will notify you that you have XX days to pay or your responsive pleading will be stricken.