Papers served - when does the clock start ticking?

[lorelei]

I'm currently sitting tight until February to file what will hopefully be a chapter 7 bankruptcy.

Today, a process server stopped by the house when I was out and left a note stating she was trying to serve me with papers.

Coincidentally, I will be going out of town Sunday for business, not returning until Tuesday night.

Here's the question - When does the clock start ticking on the 20 (or 30? I haven't seen the actual papers yet) response time window? Does it start when the creditor files a lawsuit, or when I sign for the papers? If I get her to bring me papers today, February 1 is more than 20 days away. If I can get her to hold off until next Weds., Feb. 1 is less than 20 days away.

Or does this not even matter much?

And since I have already retained an attorney, should I tell her to bring the papers to him?

[tyson24]

From experience with my lawsuit, the 20 days started on the date listed on the papers. Because you don't have the papers, you don't know what that day is but can assume it is sometime within the last week. I would think that you could call your attorney, but I think the papers are for you, and to be served to you.

[catleg]

The clock starts on the date you're served with a complaint, at least in my state and probably most others.
Minnesota being the notable exception.
If you're fairly sure you're filing in February then you'll be fine.
Depending on your court system they might get a judgment sometime in Feb if you don't answer.
It might help to ask the court clerk for an extension for time to find an attorney, just to slow things down further.

[HHM]

This issue varies by state.

If it is in a lower court, usually the summons contains a "no later than" date. If not, you will need to reference the civil rules of procedure. If you are on a standard 20 day response cycle, the clock starts ticking the day after service. The day of service usually does not count. Also, if the end of the 20 days falls on a weekend or holiday, the due date pushes out to the next business day.

[lorelei]

Thanks, everyone. It sounds like this is just one more unpleasant part of the whole experience, then, and not in itself a reason to panic. Guess it's time to get off my butt and get that mandated counseling done so I can file in early Feb. Thanks!

[MarieT]

Even if you are served, you can pay a court fee and "answer" the summons and that will delay it further. I answered saying I had insufficient information to ascertain that it is my account. They are still trying to come up with proof that it is my account.

[lorelei]

So here's the postscript to this strange story.

I contacted the process server by phone on Sunday, Jan. 9. I told her I was going out of town on a business trip and we arranged to meet on the 12th of January to serve me with the papers. She said she might have to reschedule, but she'd call if that was the case. The 12th came and went, no call. It's now almost two weeks since she tacked the letter to my door and she has yet to call me to reschedule.

Am I supposed to track her down and make her serve me the papers? That seems bizarre!

I mentioned it to my lawyer yesterday when I was dropping off some paperwork. He just shrugged and said, "You're being sued." Hah! Just like he was saying, "Looks like rain." These guys have brass, um, you know what. :-D

Anyhow, he said not to worry about it. At some point, another process server will come calling, if the bankruptcy hasn't been filed yet.

How weird is it that I seem to care more about getting these papers than the process server is? Strange.

[clevelandmom]

Dear heavens NO do NOT contact the process server!!! It is the Plaintiff's burden to find you and serve you, and you are not required to respond to any such lawsuit until you have actually been served with it. I do think this is funny though. Most people would go to great lengths to avoid a process server, including not going home, not answering the door, etc. You actually can't find yours! That's FUNNY!! Get SNL on the phone. . .

[flyinbroke]

And those who play the avoid the server game wind up with "alternate service" such as published in the newspaper. And guess what...you are officially served if that happens, even if you don't read the paper. I can find several default judgments in my court system that were done with alternate service...and I am betting more than a few played "I am not home" with the server.

I actually did contact my server who dropped them off. In my state it is 20 days, the day of service does not count and the appearance date is before 10am on the Monday after 20 days have passed.