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marcy2014

Summons served a week before court date

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My husband is being sued by CACH and was served today.

The court date is next Wednesday, October 8th. Will we be able to request the date be moved to a later date? A week is not really sufficient time to find an attorney and figure out what to do.

The summons does not say anything about having x number of days to file a resonse. It just states the pretrial date next week.

 

Any advice would be greatly appreciated while we figure out what attorney to call etc.

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Yes, file an answer and ask for a continuance due to the incredibly short time between service and the first hearing.  The court should automatically grant it.

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Find out how much time a person should have to file an answer in the court and file a motion for more time to file an answer citing that rule and showing the evidence that the rule has not been met.

If the court insists on holding the hearing then show up. If the judge insists on an answer, then issue a general denial while objecting that the current procedure is prejudicial on the defendant. You will need to preserve that objection in case you need to appeal the case.

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Thanks for the advice! We are going to go to the hearing and ask for a continuance.

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