What do I do if I am being sued in an embezzlement civil lawsuit? 6 Answers as of July 25, 2012

I am being sued in a huge embezzlement civil lawsuit. There were many parties that were named in the lawsuit. 12 to be exact...

They filed against me and my wife on May 11th, and filed the First Amended Complaint which named all the other people on June 4th. They eventually served me on June 17th.

Under proper service rules, it states that they were supposed to serve the other parties within 30 days of amended filing. They served two more of the parties last week, but after the 4th of July. Were those two still properly served? Are all the other parties free of this lawsuit since they weren't served at all?

All the other parties are people that I care about (family/friends) that is why I am asking.

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Law Offices of Stanley S. Lopata
Law Offices of Stanley S. Lopata | Stan Lopata
More important than whether proper service was made on the people you care about, you must respond to the amended complaint within 30 days after service. If service of a amended complaint ought to have been served on or before the 4th of July, because it is a National holiday, time for service is extended to the next day. Allegations of embezzelement are very serious, with very expensive consequences for failure to property respond and should never be undertaken without a qualified attorney representing the defendants. The cost of an attorney is vastly overshadowed by the potential cost of paying that judgment.
Answer Applies to: California
Replied: 7/25/2012
Gary L. Platt, Attorney at Law | Gary Platt
Usually, unless the court specifically dismisses a named defendant from a lawsuit, he/she remains a defendant and, if served, must answer within 30 days. Usually, also, if a plaintiff or his/her attorney has trouble serving a complaint (or amended complaint) on a given defendant (or several of them) the court will often give plaintiff more time to get them served (though not without limits). However, valid service has nothing to do with when the complaint (or amended complaint) was filed. Once you have been served with the amended complaint, you must file an answer, or plaintiff can have a default entered against you. Once you are in default, the plaintiff can get a judgment against you and you are no longer entitled to participate in the process UNLESS and UNTIL you file a motion with the court to get relief from the default. Unless it is absolutely impossible, you should get an attorney immediately and make arrangements to defend yourself in court.
Answer Applies to: California
Replied: 7/25/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What do you do? You hire counsel knowledgeable in this type of suit. Plaintiff has 3 years to serve anybody named as a defendant.
Answer Applies to: California
Replied: 7/24/2012
Ricks & Associates | Kenneth R. Ricks
Get a defense attorney as soon as possible. It may sound over-simplified but you are at great risk every single day the suit goes forward and you are not represented. For example, your details states you were served 6/17 so you are obligated to file a responsive pleading within 30 calendar days or face a default. Did you do that? Did you or someone on your behalf obtain an extension?
Answer Applies to: California
Replied: 7/24/2012
Law Offices of Mark Hopkins | Mark Hopkins
1. Although there is a 30 and 60 day rule, it is usually not enforced. 2. I suspect ultimately all of the people that are "find-able" will be served and brought into the lawsuit. 3. After you are served, all of you should tender the lawsuit to your homeowners insurance carriers as soon as possible, to find out if there may be coverage, or at least the insurance company may pay for a defense by hiring an attorney for you. Good luck.
Answer Applies to: California
Replied: 7/23/2012
    Law Office of Anthony Roach | Anthony Allen Roach
    You asked this question earlier on Lawguru. The answer hasn't changed simply because you've asked somewhere else. The time lines for service are set by the California Rules of Court and local rule. The issue on timeliness is between the court and plaintiff's counsel.
    Answer Applies to: California
    Replied: 7/23/2012
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