California  |  Credit and Debt Law

Legal Question

Asked on: 9/08/13, 11:04 am

California. Online county records show I was purportedly sub-served a summons on 8/12/13 at an old business address. I see info online that sub-service is deemed complete on the 10th day after the separate mailing that must be done with sub-service. County records state a mailing date of 8/15 (3 days after sub-service). Considering the 30 days I have to respond, does this mean I have until 9/24 (a total of 3+10+30=43 days after proof of service date 8/12) to either file a motion to quash or to file an answer, so as to avoid a default judgment? I just found out about the suit and will need the extra time to research, find an attorney, decide on a response. Thanks.

2 Answers


Answered on: 9/08/13, 11:28 am by Timothy McCormick

Yes. Technically the formula is mailing date plus 10 plus 30, but that gets to the same result.


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Answered on: 9/08/13, 12:27 pm by Steven Simons

Tim is correct. Forty Days from mailing is the correct time. Be sure to have it at the court house by that day as I have been seeing debt collectors file the request for default one ay after the due date.


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Law Office of Steven A. Simons 15315 Magnolis Blvd. Suite 308 Sherman Oaks, CA 91403

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