Can anyone answer this real quick..

[xxbrowns]

Hi again. We just received our summons today (signed for it) but it was filed March 7th and signed March 15th. I just read on the first page of the summons "You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service".

Does that mean, since we signed for it today, that's when the clock starts for us (or tomorrow due to "exclusive of the day of service") or does the clock start from the time it is signed, which doesn't seem too fair.

Any help is greatly appreciated. I'm in Ohio, if that matters.

Chris

[newbie2]

Hi again. We just received our summons today (signed for it) but it was filed March 7th and signed March 15th. I just read on the first page of the summons "You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service".

Does that mean, since we signed for it today, that's when the clock starts for us (or tomorrow due to "exclusive of the day of service") or does the clock start from the time it is signed, which doesn't seem too fair.

Your answer is right there - it is from the date YOU received the summons.

[tobee43]

newbies correct...it is from the date of RECEIPT of the summons. and, i would ask you atty, but our atty advised us not to answer since our situation was going to be listed in our bk.

yet, many people answer to postpone the any action.

best of luck to you!

[xxbrowns]

Thanks for all your help! I appreciate it. I feel better we have a little time to figure this out and find a good attorney.

[helpmeout]

Hi again. We just received our summons today (signed for it) but it was filed March 7th and signed March 15th. I just read on the first page of the summons "You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service".

Does that mean, since we signed for it today, that's when the clock starts for us (or tomorrow due to "exclusive of the day of service") or does the clock start from the time it is signed, which doesn't seem too fair
Chris

Since it specifically states exclusive of the day of service, the clock starts the day after service. Although, I would plan on having an answer in well before the end of the 28 days.

[helpmeout]

Your answer is right there - it is from the date YOU received the summons.

Yes, the answer is right there. It starts the day AFTER service. That is what exclusive of the day of service means. If it included the day of service, it would have stated inclusive of the day of service.

[xxbrowns]

Thanks everyone for taking the time to answer this. I was in a panic mode and when I read the summons for the 50th time, I realized that I had 28 days from the time I received it, not 28 days from the date it was signed. Now, I can only hope I find the right attorney that knows his stuff. Thanks again, although it's not what I envisioned for us, it helps to know that there is a community of people to help us along the way.

[tobee43]

Thanks everyone for taking the time to answer this. I was in a panic mode and when I read the summons for the 50th time, I realized that I had 28 days from the time I received it, not 28 days from the date it was signed. Now, I can only hope I find the right attorney that knows his stuff. Thanks again, although it's not what I envisioned for us, it helps to know that there is a community of people to help us along the way.

best of luck to you with it. and remember, if your filing, most likely NO answer will be required at all on the summons unless your atty feels it absolutely necessary.

make certain you keep in touch and let us know how you do!!

i do know in court for a fact, that no matter what the summons states the court usally will address the sign receipt for date used. that does not mean it always happens, just in my experiences with the court and working at law firms.

and reminds me of a story i will attempt to be quick. this was a civil case, one party claimed the summons was served on such and such a date and the receipt and answer were late.

judge takes a recess, asked for the "signed" recipt card...we had to crack up...it had a line someone drew on it and the defence was claiming that was a sigature!! the judge didn't believe it and hence the summons was considered not properly served. (not that YOUR service has anything to do with this short tale, but it's just interesting how this judge cared so much about the date it was rec'd).

you'll find the right atty i'm certain! just interview a few and go with whom you feel best with. most all attys in bk can deal with the summons. and as i said, ours told us to just leave it alone and don't bother answering because it's going to be listed on the petition......it was, there was no problem with it at all since the suing party rec'd their auto stay within that (it was 33 days to answer where we were living).

keep in touch!!