court

[sampnik]

If the CA does take me to court...how fast does it all happen, does it take some time to get a court date? How do they serve papers, do they do it at work?

Thanks,

sampnik

[calawyer]

The procedure varies from state to state but here is a typical routine:

Complaint filed

Complaint served on defendant (~ 30 days);

Defendant answers or files a responsive motion (~ 30 days);

Discovery (~8 months);

Trial

If you are in small claims court, the above usually does not apply and a trial/hearing date is fixed when the complaint is filed.

[Dark04]

I just went through this in the small claims court. from start (complaint filed) all the way to the end (settlement agreement) it only took aprox three months. the longest time was my initial answer to the complaint. The part that suprised me was the speed with which the court date was set. at first I had a panic attack. But after the date was set, even the lawyer for the other side (creditor) was under the same kind of time constraint I was. after the date was set, it was amazing how fast and clear the lines of communication opened up! *L* The lawyer even told me, the best and biggest move I made was answering the complaint and informing the courts yes, I would be showing up to defend. from that point on, the lawyer was a bit easier to work with. Good luck!