I am being sued for breach of contract in California by a collection agency for outstanding invoices from my divorce attorney. I had disputed my final bill of approximately $5k. After not hearing anything back from my divorce attorney for a while, I finally received a summons on December 31 (in Massachusetts, where I currently reside with my parents). I was not at home, so the Summons and Complaint were served to my sister. The date the Summons/Complaint were filed was October 16. The Notice to Plaintiffs that was enclosed with the Summons and Complaint says I should have been served within 60 days. A case management conference was scheduled in March. Obviously since I no longer live in California I would prefer to settle this in advance without going to court.
My questions are:
1.) Do I have 40 days to respond since I was substitute served?
2.) Does the fact that I was not served within 60 days help my case at all if I need to go to court, and help me in any negotiations with my divorce attorney?
3.) Can I settle directly with my divorce attorney? Or is it now in the hands of the collection agency who is suing me? If I reach a settlement with my divorce attorney, can she "call off the dogs" so to speak?
As for why I disputed the bill in the first place, my lawyer made some major errors in calculations for the final settlement, and she also agreed to cap the fees as of a certain date, but billed me for time after that.
Thank you in advance for your help!
My questions are:
1.) Do I have 40 days to respond since I was substitute served?
2.) Does the fact that I was not served within 60 days help my case at all if I need to go to court, and help me in any negotiations with my divorce attorney?
3.) Can I settle directly with my divorce attorney? Or is it now in the hands of the collection agency who is suing me? If I reach a settlement with my divorce attorney, can she "call off the dogs" so to speak?
As for why I disputed the bill in the first place, my lawyer made some major errors in calculations for the final settlement, and she also agreed to cap the fees as of a certain date, but billed me for time after that.
Thank you in advance for your help!