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?

Related Topics:
1 Lawyer Answer
Jonathan S. Dennis
Jonathan S. Dennis
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.