Los Angeles, CA asked in Consumer Law for California

Q: I am being sued by a credit card collector for $1675 for a debt I believe is older than 4 years

This was filed 10/3, but I was not served until 10/26. What date must I respond by?

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1 Lawyer Answer
Jonathan S. Dennis
Jonathan S. Dennis
  • Consumer Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You have 30 days from the date you were personally served to file your responsive pleading. When the lawsuit was filed has no bearing on when your responsive pleading is due. Regarding the underlying case, if you believe there is a statute of limitations issue (written agreements carry a four year statute of limitations in California), you should raise this argument in a demurrer.

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