Collection summon, served by substitution. Do i have 30 days or 40? (California)

[YoRocky]

hello

I was served a summons 27 days ago (must reply in 2-3 days!!). I went to the court website and saw my case. 

The last entry 27 days ago says '03/30 Proof of Substituted Service'. and Proof of mailing date (03/30)

The summons paper says i have 30 calendar days form receiving the notice. 

30 calendar days on 3/30 puts me at April 29

Yet on the self help area of my court, it says if i was served by substituted service, its 40 days.

That puts me at May 9 (which is sunday). So i think that falls unto May 10 (monday)

So which is it April 29 0r May 10?

thank you!

 

[jon_117]

It is 40 days.  From the court site: "BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served." Also remember to file form POS-030 after responding.

"To serve the plaintiff with a copy of your response, have someone 18 or older (not you and not involved in the case), mail a copy to the plaintiff. If the plaintiff is represented by a lawyer, a copy of your response gets served on the lawyer. If the plaintiff is self-represented, it gets served on the plaintiff. The person who does this for you must fill out a proof of service by mail form. Then, make sure you file this proof of service form with the court and keep a copy for yourself."

Here is the self help link if you don't have it:

https://www.courts.ca.gov/1322.htm

 

Update: If you are in LA county, here is the link to create a profile and file electronically.

https://portal-lasc.journaltech.com/public-portal/

 

[RyanEX]

40 days from the date they place the 2nd copy in the mail.