Legal Question in Civil Litigation in California
i am being summoned to appear in court regarding a loan that i owe of 9800.00. i was wondering if its telling me that i need to respond within thirty days on a legal form with i know nothing about and my court appereance if for april 30th...is there any way i can just call the attorney for the company to have them just garnishing my wages or do i have to appear in courta?
3 Answers from Attorneys
The service of a summons and complaint triggers the 30-day deadline for filing and serving an answer or other responsive pleading. It does not require a person to physically appear in court in that time. Usually, the court will set a status conference about 270 days after the lawsuit is first filed, to see how the case is going and to set further dates, including mediation or arbitration. You might have defenses to the lawsuit -- including statute of limitations -- so you might want to make an appointment with an attorney to thoroughly review your situation.
Most likely you will need to file an answer by April 30th. If you call the other attorney they may be willing to settle but you may have a valid defense. Also, don't let that date pass without filing an answer in the case otherwise they can get a default judgment against you for the full amount.
Regards,
Bryan
http://californiadebtdefense.blogspot.com/
Don't call the attorney for the company that is suing you. Make an appointment with an attorney near you and go see him or her. Bring the papers you received.
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