Legal Question in Credit and Debt Law in California
Served for Medical Bill
I was served last night from a collection agency for a doctor�s office. The date the summons was filed was 10/4, but I just got the paperwork yesterday (11/16). It says I have 30 days to respond. I didn�t sign and date for receipt of the summons, so how would the court know when I actually received the paperwork? If they use the 10/4 date, the 30 days has already passed. I suppose I need to find a competent attorney near Riverside, CA to help respond to the court.
4 Answers from Attorneys
Re: Served for Medical Bill
You are going to have to move quickly to make sure that a default judgment is not entered against you. You need to either respond to the lawsuit soon as possible (in the proper format) or get a lawyer to help you. Feel free to contact me if you would like to discuss this further.
Re: Served for Medical Bill
What you describe sounds like the date the lawsuit was filed, not the date it was served on you. About 3/4 of the way down the page, there is a place for the signature of the court clerk who issued the summons. If the date appears next to the clerk's signature, that is the date the lawsuit was filed or the date the summons was issued.
The process server should have checked the date of service in box number 4 near the bottom. To be 100% certain, you should contact the attorney and confirm the date of service shown in their records. You should also consult a local attorney right away for further assistance.
Re: Served for Medical Bill
The Judicial Council has form answers available on the internet, although it's often better to have legal counsel on your side.
Re: Served for Medical Bill
The declaration of the process server is sufficient. Call me directly at 16192223504.
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