How many days do I have to file an answer?

How many days do I have to file an answer?

The clock begins to tick the day following the date you were served. This means that you do not include the date you were served in the calculation (i.e. if you were personally served with the papers on the 1st of the month and your Summons said you had 20 days to respond, you would have until the 21st to file your Answer).

How long does it take to file a response to a complaint?

Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

How long does it take to respond to a civil lawsuit in California?

Response to a Notice and Acknowledgement of Receipt: If the defendant has received the summons and complaint by mail with a Notice and Acknowledgement of Receipt (form POS-015), they have 20 days from the date of mailing to return it.

Can a defendant’s deadline be extended by 10 days?

Likewise, when answering a complaint, the defendant’s deadline might be extended by up to 10 days if the complaint was served in a manner called “substituted service.”⁠ 28 These extensions generally apply if the statute defining the deadline states that the time begins running on the date of the “service” or “notice” of a particular document.

When to file an answer to a complaint?

from the Court, you will notice that it demands that you Answer the complaint within 28 days after you are served with the Summons. YOU MUST FILE YOUR ANSWER WITHIN 28 DAYS .

When do papers get served in the mail?

Under the “mailbox rule,” papers are deemed served when they are put in the mail, not when they are received. Except for one odd situation discussed below with regard to motions, you never need to worry about postmarks or documenting when something actually got to your office. Service happens at the mailbox.

When do you have 21 days to respond?

Service happens at the mailbox. The rules give you 21 days to respond. You start counting on December 2 and you see that your 21st day is December 22, 2018, a Saturday. You now have to figure out the interplay between the “extra three days by mail” rule and the “go to the next business day” rule.

When do you receive a request for admission?

You are served with Requests for Admission on December 1, 2018 by U.S. Mail. You know you were served that day because the certificate of service says that the papers were put in the mail on December 1. Under the “mailbox rule,” papers are deemed served when they are put in the mail, not when they are received.