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johnlusf · Dec 11, 2008, 09:08 PM

Some guy delivered a summons and complaint to me and I wasn't sure what I was supposed to do. Just yesterday, I took a closer look and it seems that I had to respond to the complaint within 30 days after the complaint was delivered to me, but, of course, it is now conveniently 40 days since the complaint was delivered to me. What do I do now? I looked around the internet and found that they can file an entry of default against me, but this has not occurred yet. What can I do? Should I file an answer to the complaint now or.. Thanks

Couchcarrot · Dec 14, 2008, 01:51 PM

When a situation like this occurs in my state, we recommend that the
Summoned or subpoenaed person retain an attorney to appear in
Their behalf and try to set up a new date for the trial or hearing.
It is then up to the judge whether to honor the request.

ScottGem · Dec 14, 2008, 01:59 PM

If no judgement has yet been issued, you contact the court and find out if they will accept an answer now. It depends on the court. If this is small claims, there is a good possibility they will accept, If it's a more formal court, maybe not.

I must say that a summons is not something you don't read carefully and respond to immediately.