Legal Question in Civil Litigation in California

Re: lawsuit procedure

The court obtains personal jurisdiction over the defendant when the defendant is served with the summons and complaint or when he/she acknowledges receipt thereof. Signing and returning the acknowledgment of receipt thus will give the court authority, which it does not presently have, to act in ways that affect your interests. It also triggers your obligation to respond to the lawsuit and to participate in the litigation.

If you do not sign and return the acknowledgment you will probably be served with the summons and complaint by other means, thereby giving the court the same authority and giving you the same obligations. You will then potentially have to reimburse the plaintiffs for the cost of serving you.

Re: lawsuit procedure

You do not have to return the acknowledgement of receipt, but they can serve you outside CA by certified mail; and you do not want to play service games and risk a default judgment. Your response to the lawsuit is due in 30 days, which can be extended.

If the subject matter of the lawsuit is in MD, you could have a CA lawyer file a motion for a change of venue in response to the lawsuit. If this is a debt collection matter, "distant forum abuse" is an unlawful debt collection practice which could give you the right to sue the creditor or collection agency. Some types of lawsuits can be best handled by your auto, homeowners, or renters' insurance carrier, for example claims based on alleged negligence. Watch out for all legal time limits. If the case is in southern California, please feel free to contact me.

I am not licensed to practice law in Maryland, and any legal services or advice I might provide to you would pertain only to matters pending before the California courts.

Re: lawsuit procedure

Your question asks about California jurisdiction and you should contact the court to ascertain if a court date has been set.

Depending on the subject matter, which you do not specify, there may be a basis to remove to Maryland jurisdiction.