Legal Question in Credit and Debt Law in California

Summons Notice

I found a summons notice from a credit collection agency that was laying in my door jam. the notice is missing a court date, the correct spelling of my name and an official seal from the courts. Should I consider this a valid notice?


Asked on 1/27/09, 10:29 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Summons Notice

Yes. You must respond within 30 days if you want to defend the case. Most collection agency cases can be defended, in many cases the debt is stale (over 4 years) or the CA does not own the debt. Do not contact them. Consult an attorney in person.

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Answered on 1/27/09, 11:14 am
Joshua Swigart Hyde & Swigart

Re: Summons Notice

Likely that is not valid service. The problem that we see a lot is that consumers are improperly served, but the proof of service states something different. The consumer does not respond and then a judgment is entered. The next thing that occurs is wage garnishment or a bank levy. My advice is to consult counsel. I would do one of two things; 1) either challenge the service and they will have to re-serve you. That only delays the inevitable. It is not as if the case goes away. 2) retain competent counsel and respond to the lawsuit. Those cases are absolutely defensible.

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Answered on 1/27/09, 11:49 am


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