California  |  Credit and Debt Law

Legal Question

Asked on: 3/10/09, 2:55 am

Summons

We received a summons on my brother's behalf, but he is out of the country, in the military. My mom is worried that they might come after us seeing that the summons was delivered to our address?, is there an age limitation to who can accept a summons? also can we respond to a summons on his behalf because he is out of the country? Please Help

2 Answers


Answered on: 3/10/09, 11:59 am by Joshua Swigart

Re: Summons

Your son, if active duty, gets certain protections under the Service Members Civil Relief Act. They cannot get a default judgment without indicating that your son is active duty. That does not necessarily mean they will not file a false declaration that he is not active duty. I would contact an attorney who will at least put them on notice your son is active duty, which should stay the proceedings.


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Hyde & Swigart 411 Camino del Rio South, Ste. 301 San Diego, CA 92108

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Answered on: 3/10/09, 11:27 am by Daniel Bakondi

Re: Summons

Let me know if you want to hire me to file something informing the court that he is in the military. If the issues run deeper, you can send me an email.

Best,

Daniel Bakondi, Esq.

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The Law Office of Daniel Bakondi 870 Market Street, Suite 1157 San Francisco, CA 94102

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