Legal Question in Credit and Debt Law in California
Summons - Collections
My Mother received a Summons from an attorney on behalf of a Collection Agency on Jan 2, 2008 for a debt (the Summons was left on the door and not formally delivered) on an Open Account. The court stamped a date of Dec 17, 2007. How long does she have to respond? 30 days from the date of the stamp or 30 days from the date she received it from her ''door''? The Summons claims that ''...inclusive became indebted to Plantiff within the last 4 years...'' Are they still within the statute to collect on this debt. Should my Mother check her credit report to see if the bank closed-out the account? If so, can the Collection Agency still require payment? Needless to say, I'm sure the best recourse is to obtain a lawyer, but my Mom can't afford one at this time and we're running out of time.
Any assistance would be greatly appreciated.
A concerned Son..
1 Answer from Attorneys
Re: Summons - Collections
It is 30 days from the date it was served to her.
I could not tell how old the debt is from the information provided so can not determine if too late to collect. Getting information on write-offs would not help.