Legal Question in Credit and Debt Law in California

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.

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

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

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, 11:28 am

Steven Simons Law Office of Steven A. 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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Answered on 9/08/13, 12:27 pm

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