现在发现了更大的问题. 昨天给律师朋友(其实是我同事的老婆)看我们收到的文件是她说是Entry of default judgment.今天她再看了一下,说错了,是default judgment. 更难辩护了.
而且网上有人提醒我收到的Summons是法院给出的文件不是律师函,如果真是的话.
这个朋友真是耽误了我啊. 在她家呆了两小时竟然连这个都没搞清楚.
可是如果是法院给出的文件, 为什么没有出庭通知呢? 落款都是对方的律师啊. 然后Complaint 里面也没写要多少钱. 再说文件简直就是旧式打印机打的,看起来太不正式了.
现在要解释还来得及吗? 她现在要给我介绍一个丢了工作的律师. 我都不知道怎么回事. 越来越不信任她了. 我该怎么办? 现把Summons抄录如下:
In the Superior court of the state of *** in and for *** county
****, an individual, plaintiff, vs. ***, *** as individuals, and as a marital community defendants
Summons(20/60 day)
To the defendant(s): Plaintiff, *** has started a lawsuit against you in the above-entitled court. Plaintiff\'s claim are stated in the written Complaint, copies of which were served upon you with this Summons.
In order to defend against this lawsuit, you must respond to the Complaint by statint your defense in writing and serve a copy upon the person signing this Summons within 20 days after the service of this Summons, excluding the day of service (or 60 days if served outside of the State of ***), or a default judgment may be entered against you without notice. A default judgment is one where the Plaintiffs are entitled to what is aksed for because you have not responded. If you served a notice of appearance on the undersigned person, you are entitled to notice before default judgment may be entered.
You may demand that Plaintiff file this lawsuit with the cout. If you do so, the demand must be in wirting and must be served upon the Plaintiff. Within fourteen days after you serve the demand, the Plaintiff must file this lawsuit with the court or the service on you of this Summons and Complaint will be void. -Can I still demand him to file this lawsuit with the court since no deadline is stated in this paragraph?
If you wish to seek the advice of an attorney in this matter you should do so promptly so that your written response, if any, amy be served on time.
This Summons is issued pursuant to Rule * of the Superior Court. Civil Rules.
Dated **/**/**
Attoney at law
Address: ****