Legal Question in Civil Litigation in California

Re: summons but no court date

You need to file an answer or other response else you may lose by default. Call me directly at 16192223504.

Re: summons but no court date

Hire an attorney and file an answer, demurrer, or motion to strike, or combination thereof.

Re: summons but no court date

If the summons has a case number, that means that a lawsuit has been filed against you. You have 30 days from the date the summons and complaint were handed to you to file with the court and serve by mail upon plaintiff's attorney an answer, demurrer, etc., as my colleague suggests. Please let me know if I can be of assistance. Feel free to call or e-mail.

Re: summons but no court date

Most summonses do not include a court date. Unless the case is in the small claims court or seeks a restraining order against you, the absence of a court date is quite normal.

You need to file responsive papers with the court. The most common way to respond is with an answer, though there are several different documents you could file instead to challenge the validity of the complaint or the propriety of service.

You should retain counsel to represent you if at all possible. If you can't afford a lawyer you should at least consult with one about how to proceed.

Re: summons but no court date

The deadline you have to worry about is when your legal response to the Summons is due. The small print in the middle of the Summons will tell you when. In unlawful detainer it is five days, other cases it usually is 30 days from the date of service. The process server is supposed to fill the bottom of the summons out to tell you what date you were served. I can review it for you if you have access to a fax machine, just call.

There are various "legal responses" which you can file, and in some cases must file. For example if you have a claim against the person suing you relating to the same thing in the lawsuit, then you must file your claim or lose it. You should confer with an attorney so you know your rights and obligations on this matter. We offer a thirty minute free consulation.

Re: summons but no court date

Good Morning!

Your question did not state what kind of law suit you were served with. If it was an unlawful detainer action {to put you out of your residence or business} you have FIVE days to file answer papers with the proper court. Almost every other kind of case has a 30 day time limit. The main exception to that time limit is personal restraining orders, but usually that is not accompanied by a summons.

NOTE: a Summons is almost always served upon someone WITH THE COMPLAINT. Yo have to read that comlaint and understand why you are being sued. Since you goty a "summons" we can also assume that you do NOT have a small claims case served upon you either.

Consult with an attorney right away for your own good.

sincerely,

Mark Mitchell Geyer