Legal Question in Credit and Debt Law in California

summons - how to proceed?

First, I'm being sued by a debt collector (local law firm). The summons was delivered to a receptionist at my place of employment (I was not the initial recipient). Is that legally acceptable? Next, the summons is the first time I've heard from this collector (i.e., no prior correspondence). Finally, I'm having difficulty finding information on how to respond - what form(s) do I file, etc. I'm pretty certain I want to file a validation notice, but do I file that with the court or just mail it to the collector?


Asked on 3/11/08, 7:43 am

1 Answer from Attorneys
Lisa Howard Law Offices of Lisa M. Howard

Re: summons - how to proceed?

It sounds like the debt collector effectuated substituted service of process upon you by serving your receptionist. Please read California Code of Civil Procedure, Sect. 415.20 at: http://www.guaranteedsubpoena.com/ca.asp

No, there is no requirement that I am aware of that requires the debt collector to contact you before service of process, at least not based upon the facts you gave. You MUST file a response (answer, demurrer, motion to strike) to the complaint within thirty (30) days of service (maybe more time with substituted service but you can't go wrong with 30 days...be CAREFUL...credit card debt collectors are hoping you default...so go with 30 days. There is no form per se; a response is a pleading. Don't screw up the response deadline. Your best bet is to contact an attorney ASAP, so it's done right. If you don't have legal training, there's too much room for error! Good luck!

Read more
Answered on 3/11/08, 10:17 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California