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  1. #1
    inventor1949 is offline Junior Member
    Join Date
    Feb 2008

    summons served, question

    What is the name of your state (only U.S. law)? California

    I have being served today with Summons (you being sued by plaintiff: "bank" credit in default) and the date of the filing is 2008 MAR 18 today is 2008 JUL 5 = 105 days later, now I have 30 days to respond, the question is from what date? their is no date on the document as to the day I was served.

    It states on the last page: "Plaintiffs: Within 60 days after filing you must serve each defendant with this summons, an (ADR) information sheet and a copy of this lawsuit Notice and you must file written proof of such service"

  2. #2
    JETX is offline Senior Member
    Join Date
    Jun 2000
    Somnambulist University
    Quote Originally Posted by inventor1949 View Post
    now I have 30 days to respond, the question is from what date?
    You need to either learn to read FULL sentences, or quit lying to the forum. The 'standard' Summons (sum100) form for California says:
    "You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a
    copy served on the plaintiff."

  3. #3
    inventor1949 is offline Junior Member
    Join Date
    Feb 2008
    I'm so sorry if I was perceived as lying it was not intentional, the form (DV-5012) dose state the 60 days but my question was for the 30 days on the form (SUM-100)

    I just wonted to know sense their isn't a date on the summons who is to say when the papers were served.
    In other words who keeps track of the "served date" and the clock starts running.

    I'm not trying to be smart I just wonted to do the right thing.....thanks and please except my apology....

  4. #4
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Sitting at the computer probably rolling my eyes at your post
    You have 30 days from the date you are served to file your answer. The plaintiff's will keep track of the days and you better believe that on day 31 they will be heading into the courthouse with their proof of service and their request to enter default, so do YOURSELF a favor, since you clearly don't know what you are doing and either hire an attorney ASAP, or get your answered prepared and filed sooner than later.

    Oh, and as for the DV form, CA courts use DV for domestic violence forms. Make sure what you are reading pertains to you.

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