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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4448
Experience:  Licensed to practice before state and federal court
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I received a summons for citacion judicial and my 30 day

Customer Question

I received a summons for citacion judicial and my 30 day response is due today what can I do?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: in California and no I have no attorney its a small amount of $5000.00 which is being contested
JA: Have you contacted the manufacturer?
Customer: yes but they wont allow me to give them a small deosit and make payment arrangements
JA: When we are ready I'll take you to the appropriate web page.
Customer: I'm ready
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 4 months ago.

Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! I have a good idea about your situation, but what specific questions do you have? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Customer: replied 4 months ago.
what can I do at this moment?
Expert:  Legal Eagle replied 4 months ago.

Ok that's a very good question. One moment while I generate a response...

Expert:  Legal Eagle replied 4 months ago.

So you have two options:

1. File the Answer late.

2. Request a continuance.

Code of Civil Procedure section 1054(a) says, "When an act to be done, as provided in this code, relates to the pleadings in the action, or the preparation of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal and of intention to move for a new trial, the time allowed therefor, unless otherwise expressly provided, may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party.”

Expert:  Legal Eagle replied 4 months ago.

All this means is that you can request with the judge to continue the matter. You could also call the opposing party and ask that they stipulate (agree) to the continuance and file it jointly.

If you file the answer late, the court will still accept it, but understand that any time between tomorrow and the date you file, the other party can request a default judgment in their favor.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Expert:  Legal Eagle replied 4 months ago.

Hi, I just wanted to double check to make sure you were still with me. I am very interested in helping you answer your question so please let me know if we’re still connected.