I had summons left (found it on 1/17/2008) near my apartment's door. I cannot find any date on it as being served. So I really do not know when my 30 day response clock starts. I went down to the court to find that there was a proof of service date listed as 1/29/2008. Is this where I start counting? Also, when I state my affirmative defense, can I just attach a typed statement to that section instead of typing it in the designated area? If not, then can I just ink-pen print my statement insstead of typing it in the affirmative defense section of the answer form? This because I do not have access to a typewriter or typist in order to insert form and type in. And lastly, does a copy of the declaration of mailing (answer to complaint) have to be sent to the attorney for plaintiff or plaintiff? Or is it just the court that recieves this? promt response requested. Thanks MUCH.
Did it say how it was served? I mean, did it say it was tossed in the weeds like something from a bad paperboy? Or did it say that it was personally served to you or someone else? Look at your court rules, what are the requirements for proper service? Is this a small claims type action? Usually, check your rules, you serve the other parties, and you provide an appearance and answer to the court itself. But you need to check your own rules. No one can do that for you, especially if you don't say what court you are involved with.
Bob's suggestions are sound but, if I may add something just re-type the whole thing. Do it in word or word perfect, whatever. You don't have to fill in the paperwork that they issued to you.
Superior Court of California Los Angeles County (Van Nuys Courthuuse). Nothing on how served. Do I count from found date or proof of service date? So I can staple a seperate tyoe written answer for my affirmative defense? And I do not necessarily have to type it right on the answer form itself? And a copy of the declaration of service does not have to accompany the copy of the answer that is sent to plaintiff/plaintiff's attorney? And the court of course is given the original declaration of service. Please let me know promptly if all the above assumptions are correct. Because time is of the essence. And we all know how the court sytem mandates legally proper stuff.
No affidavit of service? Nothing? Perhaps it isn't there yet. If the rules say something like you have to be served or some human has to be served, you've got to note that this isn't probably very good service and take that to the court. Generally, if you ignore piss poor service, you waive your right to object. You were just warned. They want, usually, an appearnace and an answer. This is more than just your affimative defenses, although you should include those too. FOLLOW YOUR COURT RULES. What state are you in? What is the URL for your rules? "Stuff"? Does the court allow the use of that word?
