Legal Question in Credit and Debt Law in California

Summons in Mailbox

i received a summons from a credit card co. over the weekend that was found by my roomate in our mailbox(3/7 or 8) no envelope also it was dated 2/13 and i had a debt settlement payment offer that was due 2/18. i want 2 pay the debt i owe but any way i could get court action off my record due 2 these 'irregularities'?

Asked on 3/10/09, 12:56 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Summons in Mailbox

The summons sounds as if it was not properly served, but its impossible to say. When I say it was not properly served, I mean that the process server who was supposed to personally deliver it to you or to someone who lives in your home may have just dropped it in your mailbox. Unfortunately, now that you have it, your options are somewhat limited. You could attempt to move to quash service of the summons - in otherwords, go to Court and prove that the summons was not properly served. All this will do is delay the inevitable proper service of the summons. Once you are properly served, or if you do not move to quash the service of the summons, you must file an answer (assuming the lawsuit was filed in Superior Court and not Small Claims Court) within 30 days of being served. I would assume (conservatively) that the process server is going to say he served you on the day he placed it in your mailbox, which you should assume is the last day you checked your mailbox before the 7th. Count out 30 days from that date, and make sure you file an answer by then, or the creditor will get a default judgment and make your life miserable. The only other option is to call the attorney for the creditor and make a deal with them. They will hopefully be a little better equipped to setup a deal with you. In terms of your record, unless you settle it before it is prosecuted (goes to judgment) and it gets dismissed, its going to be on your credit report as a judgment against you.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/10/09, 1:42 pm

Joshua Swigart Hyde & Swigart

Re: Summons in Mailbox

I would defend it if I were you. These debt buyers like to file tons of cases, hope for a default, etc. The cases are defensible. They do not like to actual put the time in to prove their cases.

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Answered on 3/10/09, 1:47 pm

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