By: Robert J. Nahoum
A process served has shown up to your home to deliver a summons and complaint or you’ve come home to find a summons and complaint taped to your door? You’re being sued but how long do you have to file your answer?
Depending on how you were served, you will either have either 20 or 30 days to answer the summons and complaint:
- 20 days from the date of service if the summons and complaint was delivered to you or someone else in your home;
- 30 days from the date of service if the summons and complaint were not personally delivered to you or someone in your home.
WHAT YOU SHOULD DO:
Excuse the double negative but most importantly, don’t do nothing. If you fail to answer the summons and complaint you will have a default judgment entered against you.
So what should you do? If you’ve received a summons and complaint follow these steps:
- Determine first how you were served;
- Calculate the date your answer is due (20 or 30 days depending on how you were served);
- Determine if service was proper; and
- Prepare your answer.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.