Riverside California Notice - served with Complaint and Summons
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How to fill out Notice - Served With Complaint And Summons?
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FAQ
Here are three steps to responding to a Summons and Complaint: Answer each claim listed in the complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.
If the papers are not served in the correct way at the correct time, the court cannot go forward with the case. A person is served when they officially receive the papers. Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
2005 California Code of Civil Procedure Sections 583.210-583.250 Article 2. Mandatory Time for Service of Summons. 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant.
The sheriff or process server, or person authorized by the court, shall complete the service of summons within 30 calendar days from the issuance of summons by the clerk of court and receipt thereof.
In Unlawful Detainer cases, the summons and complaint can sometimes be served by posting a copy on the premises and then mailing a copy of the summons and complaint by certified mail to the defendant's last known address (California Code of Civil Procedure §415.45).
Your Answer will go into the court's file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.
Provide the name of the court at the top of the Answer. You can find the information on the summons.List the name of the plaintiff on the left side.Write the case number on the right side of the Answer.Address the Judge and discuss your side of the case.Ask the judge to dismiss the case.
For personal service: Serve your claim at least 15 days before the court date (or 20 days if the person, business, or public entity you are serving is outside the county).
(b) Service of complaint The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
