A Summons is a Document which gives you information about when you need to respond to a lawsuit. A Summons can vary depending on the Court involved, or other agency. Below is an image of a Summons similar to one that a party might receive if they were sued in California state Court.
What is the purpose of the Summons?
The Summons is to inform you that you have been sued by someone (or some entity) and to give you other information. The Summons will usually tell you how long you have to file a response with the Court. Your response should be in writing and has to meet certain legal requirements.
Do I have to pay a fee to respond to a lawsuit?
Yes, generally you do need to pay a filing or first paper fee (in addition to other fees) to file a response to a lawsuit.
Can I get the court fees waived?
Sometimes. There are specific rules on court filing fees and when the court will waive the fees. Getting the Court fees waived is done by requesting a fee waiver. Our firm does not handle fee waivers, as clients requesting fee waivers generally can’t afford to retain a law firm.
Are there deadlines before the deadline stated in the Summons (such as 30 days from when served)?
Yes, there may be earlier deadlines. One deadline is the deadline to meet and confer on certain types of motions to challenge the pleading in California.
When does the deadline start from?
The deadline generally starts from the date you were served with the lawsuit. If you were personally served with the lawsuit, then that is simple, just add 30 calendar days. If you were not personally served, then the service date may vary or you may have longer to respond.
Understanding service dates and calculating deadlines correctly is crucial to protecting your rights. An experienced business attorney can help you determine your exact response deadline and ensure you don’t miss critical filing requirements.
When should I contact a lawyer if I get a Summons?
It’s best to contact an attorney early, not waiting until the 30 days is up (or even waiting 15 days). This is because the lawyer may need to gather significant information from you and possibly do legal research for your response.
Time is of the essence when you’ve been served with a lawsuit. A skilled business lawyer needs adequate time to review your case, conduct research, and prepare a proper response that protects your interests.
Don’t Let Lawsuit Deadlines Destroy Your Case
Being served with a summons is serious – missing deadlines can result in default judgments against you, potentially costing you thousands of dollars or more. The legal requirements for responding to lawsuits are complex, and the consequences of mistakes can be devastating.
Act immediately. Contact Nick Heimlich Law today to protect your rights and ensure proper response to your lawsuit. Our experienced litigation team understands California court procedures and deadlines. Don’t gamble with your financial future – get the professional legal representation you need right now
