California Summons Form
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What does the summons mean in California?
If you receive a form called a Summons (form SUM-100) it means that someone is suing you in court. In addition to the Summons, you'll also receive another document, called a Complaint.
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How do you get around being served?
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
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How long do you have to answer a California state court?
There is a deadline to file your Answer form Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
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How long do you have to respond to a summons in California?
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.
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What are the rules for serving summons in California?
Any person 18 years of age or over, not a party to the action, may serve the summons and complaint. See California Code of Civil Procedure §414.10. The plaintiff may not serve the summons and complaint. You can use a friend, someone not a party to the action, or hire a professional process server or sheriff.
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How long can a reply be in California rules of court?
No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.
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What happens if a summons is not served California?
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, Order to Show Cause, etc.)
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What are the rules for serving summons in California?
Any person who is at least 18 years old and not involved in the case may serve papers. The person who serves the papers will have to fill out a Proof of Service form showing what they gave (served) to the other parties. Choose someone to serve the papers who is able to fill out the form.
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