What to do if I received a summons for a student loan and they are requesting a written response within 30 days?

Asked on January 6, 2013 under Bankruptcy Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The written response is the answer to the complaint.  The complaint is the lawsuit attached to the summons.

At the law library, look for answer to complaint in the index of Pleading and Practice.  This will give you the general format for an answer to a complaint.  The answer denies the allegations in the complaint.  At the end of the answer is the verification attesting to the veracity of your statements in the answer.  You sign  and date the verification under penalty of perjury.  File your answer to the complaint with verification and an attached proof of service with the court and serve a copy by mail on the opposing party's attorney or if no attorney on the opposing party.  You need to file these documents with the court and serve a copy by mail within thirty days of the date you were served with the summons and complaint on the opposing party or opposing party's attorney. The proof of service which is attached to your answer to the complaint and verification verifies the date of mailing to the opposing party.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to _________ (name and address of opposing attorney or opposing party if no attorney) on _______ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documens with the court.  If you don't timely file the documents, the opposing party can obtain a default judgment against you.  A default judgment means you have lost.  If that happens, you will need to file a motion to set aside the default.  If the judge grants your motion to set aside the default, the case will be back on track and litigation will continue.

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