Question about when to pickup legal summons

[tngirl]

We made an appointment to meet with a bankruptcy attorney on Monday....in four days. Today I received a card from the Sheriff's Department that I have papers to pick up within ten days. We are being sued, I just don't know by which creditor.

My question is should I pick up the papers before I visit my attorney or after....or does it matter? I had thought to meet with him on Monday, pick up the legal papers on Tuesday and then take them by his office.

Also, since it appears there is a court date set because there is a docket number on the postcard, will I have to answer the summons in some way even though I will be filing bankruptcy?

[norcal]

I have been served three times with a summons from different creditors, all before filing. I would pick up the summons and take it with you to see your lawyer. In California, the date on the court stamped paperwork is when the clock starts ticking on your 30 days to respond, not when you actually pick them up. Once you retain your attorney, it's possible they can contact them directly and let them know your intentions to file for BK.
Anyone please correct me if I am wrong.

[mtbc]

You might be able to check your local civil court online or something and see more about the suit there.

[tngirl]

Thanks for the information. I think we have decided to pick them up that morning and take them with us to the attorney.

[music12]

if you are sure that you are filing, then it doesn't really matter if you pick it up or not - all will be stopped once you file. but if you are not sure yet, or don't know when, then i wouldn't help them serve you by going to pick it up. they have an obligation to serve you (in fact they pay that sheriff to serve you - they are not paying you to serve yourself!). so i would let them try again. it buys you some time (i am surprised that norcal says the clock starts ticking regardless of whether you have been served - it seems wrong, and i don't think it applies in most states). you might need that time if you decide to delay filing for whatever reason.

[norcal]

Music12, you are right. I did not state the time line correctly. The 30 days to respond starts on the day you are served the summons. I do think it's a good idea to pick them up and take them with you to your attorneys office, so that they are aware of exactly what the situation is. Sorry for the mistake. This has just been a very frustrating time and I am deeply feeling the stress.

[music12]

have you decided on this particular attorney yet? if not, i'd hold off on picking up the notice until you settle on a lawyer who will take your case. you can always tell the lawyer that there is a summons waiting for you and then do what the lawyer suggests. the details of what you are being sued for are much less important than the fact you are being sued, so i really don't think you need to pick up before the meeting. if this lawyer is the one you will go with and he tells you to pick it up, then you can do that (and fax it to him right away if that's necessary).

my bottom line is that if it were me, i wouldn't go pick it up unless told to do so by my chosen attorney. but of course do what you feel is best.