Legal Question in Credit and Debt Law in California

My best friend is receiving phone call about a law suit that someone is supposedly filing against her but they don't give many details. They want to send someone out to have her sign some papers regarding this lawsuit and since she has never done this before she asked me if I knew if this was how suits were handled. In the past when someone was sued everything came through the mail telling you who was suing, wwhat the charges were, what court and what date and time you needed to be there. Is this not true anymore, do they call you and hassle and threaten you with a law suit.

Asked on 9/05/12, 9:54 am

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

When a lawsuit is filed the summons and complaint must be served on the defendant. Service is usually made by personally delivering a copy to the defendant. The defendant does not sign anything and should not sign anything unless it has been reviewed by an attorney hired by the defendant. Except in certain types of lawsuits, such as an unlawful detainer, the court will not send the defendant anything. Further, until the defendant has been properly served, nothing should be served by mail.

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Answered on 9/05/12, 10:27 am

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