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Expert: Creditwrench - 5/28/2009


Question
If A process server served me a summons today and the court date is next Wed. On the front of the summons it says " Service must not be made less than 10 days nor more than 30 days from the date the defendant must appear in court. Today is 8 days if you count the court day.

What should I do , can I get this thrown out for improper service?

Thanks

Answer

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I would respond to the summons and not worry about nitpicking on such matters. Of course, it wouldn't hurt to respond with a motion for extension of time to respond and use the discrepancy you mention above as your reason to ask for more time to respond. I think that is what I would do. Then if your motion for extension of time is granted then you can respond with whatever you want, such as a graduated denial, or whatever.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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