Summons; don't I have 30 days?

[Overmylimit]

I had a guy come to my door this morning, he handed me a summons that shows I am being sued by one of the Banks I had a credit line with for 50k. It has a date stamp on it from Dec 5th and says I have 30 days to respond, but that means I only have a week or so? Today is the 21st...

[HHM]

Read it more carefully...but usually the deadline starts to run from day you were served.

[Overmylimit]

I read it pretty close, there is a space at the bottom of the page that has a slot for the date I was served but he left it blank....

[magyar123]

Take it to court with you. Point out that it was date stamped and also point out that there is no date on there indicating when you were served. Mention the fact that this piece of crap was received by you on the 21st - but that the server never indicated this date. On its face this should be considered invalid - unless the judge is a real creditor friendly, B of A stockholder.

[HHM]

Actually, most won't write the date on the paper they hand to you. Keep in mind, the completed summons needs to be filed with the court...that copy will contain the date served and the deadline runs from the date served. For the most part, most process servers are ethical.

[Overmylimit]

I called my Attorney and they had me fax it over to see what to do with it, would he take it from there or do I still have to submit a reply? Also if he finally files before the 30 days does it even matter? Thanks for the help.

[BROKENN]

I faxed over all of mine as they came in and never worried about it. My atty just asked before the 341 if we had received anymore. They all got included in the BK and even if not, the original debt was. We just kept our ducks in a row with the paperwork.

My case was no asset and discharged

Have a good holiday and keep the fax warm.

[BigJohn]

I called my Attorney and they had me fax it over to see what to do with it, would he take it from there or do I still have to submit a reply? Also if he finally files before the 30 days does it even matter? Thanks for the help.

The way I look at it, if your lawyer handles it, you will some where along the line pay for his extra work. If you do it yourself, you might get screwed up in your response and in dealing with procedures (damned if you do, damned if you don't). Check with the court, there probably is a filing fee which was not mentioned in the summons.

Are you in the process of filing?

What were some of the points the summons mentions?