Legal Question in Civil Litigation in California

Re: I was served a summons via mail--is this legally binding?

Yes, this service is valid. It's called "substituted" service. if you had been present when the process server arrived then you would have been served personally. Because you weren't around, the process server was permitted to leave the document at your residence and send another copy by mail.

You have thirty days from the date of service to file an answer with the court and serve a copy of it on the plaintiff; you must also serve copies on any other parties who have appeared in the case. Your local library will have reference books you can use to help you draft your answer.

If you are on the way toward bankruptcy and will finish the process within the 30 days, have your bankruptcy lawyer list the plaintiff as a creditor and serve the appropriate papers on them. This will halt the lawsuit automatically.

Re: I was served a summons via mail--is this legally binding?

Yes, you were legally served. Even though you are filing for bankruptcy you still need to file an answer to the complaint. Once you have done this then you can serve the attorney with the notice of bankruptcy and as long as this debt is on their your case should be put on hold until it is decided you have no assets. If you would like help preparing an answer to the complaint please feel free to contact my office. My toll free number is 888-563-8529. Good luck. John