Legal Question in Civil Litigation in California
A civil complaint has been filed against me 10 days ago but court website says no summons is issued yet. Just wondering what does it mean. Do I have to wait for summons to be issued or otherwise.
3 Answers from Attorneys
Generally, one does not have to respond to a complaint until a summons and complaint are personally served, or if they are published or posted after a court order permits those means of service. One should continue to remain vigilant, though,
If the complaint was filed, a summons was issued. You don't have to answer or respond until you are served with the complaint. You should continue to monitor the docket on the court's website, however, to make sure the plaintiff has not filed a false or mistaken proof of service saying you were served.
I agree with Mr. Cohen and disagree with Mr. Mickelson. A summons is not issued until the person filing the complaint presents a summons to the court clerk in proper form and has it stamped. It is not a prerequisite to filing.