Legal Question in Credit and Debt Law in California

I received a summons from a lawyer regarding a credit card debt. The summons was served on me on April 14 and I plan to file my answer tomorrow - which is within the 30 day period to answer.

My problem is that I just went online to see the status of my case, and it says that the summons was served on April 7. The case still shows as being active, which I assume means no judgment has yet been granted.

Will the court believe me that I was not served until April 14? Can I still file my answer? I plan to be there first thing in the morning tomorrow.

Asked on 5/13/13, 3:43 pm

2 Answers from Attorneys

Joel Selik

You can file the answer unless a default has been filed. If a default has been filed you need to make a motion to set aside the default.

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Answered on 5/13/13, 3:49 pm
Scott Jordan Dunning Law Firm

Mr. Selik is correct.

If you would like to discuss this further, please feel free to call me.

My telephone number is (925) 362-1725.

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Answered on 5/13/13, 4:45 pm

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