Salt Lake City, UT asked in Bankruptcy and Consumer Law for Utah

Q: I was served I responded they never filled. I was served again. What are my rights?

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1 Lawyer Answer
Michael Sundwall
Michael Sundwall
Answered
  • Bankruptcy Lawyer
  • Bountiful, UT
  • Licensed in Utah

A: Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that you are not required to respond or file an answer to the complaint unless the lawsuit is filed within 10 days after you were served. If it was not filed within 10 days, the plaintiff has the right to have you served again, then file within 10 days. Sorry, but you still must defend against the newly served papers. Your rights have not changed because the plaintiff failed to file the complaint within 10 days after service of the first 10-day summons.

Timothy Denison agrees with this answer

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