Los Angeles, CA asked in Consumer Law, Civil Litigation and Collections for California

Q: I received a DISC001 in the mail. I was not stamped by court or certified. Should I answer?

From a collection agency

2 Lawyer Answers
Jonathan S. Dennis
Jonathan S. Dennis
PREMIUM
Answered
  • Consumer Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Before you can be compelled to respond to written discovery questions, you must first be personally served with a copy of the Summons and Complaint. A plaintiff may not serve interrogatories on a defendant within the first 10 days after service of summons or defendant's appearance in the action (whichever is first). [CCP §2030.020(b)] Exception: In unlawful detainer actions, the “hold” on plaintiff's interrogatories is only 5 days after service of summons or defendant's appearance in the action (whichever is first). [CCP § 2030.020(c)](1)

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: This is called "discovery". You have to answer if a complaint has been filed and you were served. It does not have to be stamped or certified if you are in a lawsuit. If you aren't in a lawsuit, then the collections company is fishing. You can do a "civil index" search online at the court's website to find out if you are named in a lawsuit, assuming you don't already know.

Andy Chen agrees with this answer

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