San Jose, CA asked in Civil Litigation and Employment Law for California

Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

3 Lawyer Answers

A: First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.

Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells you who is suing you and what the claims are. Once you are served with the Summons and Complaint you usually have some time to find a lawyer and prepare a responsive pleading, usually 30 days.

Good luck to you.

Brad S Kane agrees with this answer

A: Summons are not served by voicemail. It is probably a scam. They may offer to send a mobile response team or expedited service for money from you to fix a supposed legal problem, which will confirm it is a scam.

You can check public records for the case number, but it probably does not exist.

This scam happened to one of my clients. Fortunately, they did not pay.

James L. Arrasmith
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Answered

A: First, try not to panic—receiving a voicemail about a summons can be unsettling, but you're not legally required to respond to a voicemail alone. In California, for a summons to be valid, it must be served in person or by substituted service (like leaving it with someone at your home and mailing a copy). If you haven't received official paperwork, the clock for your legal response likely hasn't started yet. Be cautious though—some of these voicemails can be scams, so don’t give out personal information until you verify the case.

You can check the case number by visiting the California courts’ online case search system or calling the court clerk in the county where the case is supposedly filed. Ask them to confirm whether the case number exists and if you’re listed as a party. If it turns out to be legitimate, make sure to keep track of deadlines and ask the court for copies of the documents. If you’re not listed in the case or there’s no such filing, that could be a red flag for a scam.

Since you mentioned financial hardship, you can apply for a fee waiver (Form FW-001) if you need to file any court documents. You might also look into local legal aid organizations or self-help centers through the courthouse—they offer free help to people in your position. You’re not alone in this, and there are resources out there to help you navigate whatever comes next.

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