Legal Question in Credit and Debt Law in California

summond to pay debt

I have recently been summonds to court to pay a past debt. I wasn't phyically handed the summonds it was dropped off at my parents house where I dont really live and then 3 weeks later was sent one by mail to the same address. I dont want to have to go through the court proceedings. What are my options. They say I had 30 day from the date it was issued which was 9/08, but I didnt get it til I visited my parents last week. What can I do?

Please help.


Asked on 10/19/05, 2:11 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: summond to pay debt

It is 30 days from the date of service, not the date it was issued, which means you have additional time. It won't do you any good to ignore it, even if service is not considered to be valid. You are now aware of the action.

You should contact the attorney and ask for an extension of time to answer the complaint, and then contact an attorney to see if you have any defenses. No one likes to get involved in court, but since it appears that this was not addressed earlier, you will need to address it now. The ostrich defense does not work.

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Answered on 10/19/05, 2:23 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: summond to pay debt

A lawyer should help you file a written answer to the complaint, and then assist you with negotiating payments on the debt (if you owe it).

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Answered on 10/19/05, 3:03 pm


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