How to Handle That Ominous Document

Today’s column is another in our series of legal checklists--quick, snappy bits of legal information that can help you deal with the trauma of a legal problem. Let’s wrestle with what to do when you receive a legal-looking piece of paper that seems to demand a reply or some action on your part.

Receipt of “legal” notice:

A court proceeding is filed against you. You will receive something usually called a “Summons and Complaint.”

* It may be “served” (given, delivered) on you personally. Sometimes it will be mailed or left on your doorstep.

* Treat it seriously.

* Read it.

* Write down the date, time and place you received it and how it was delivered to you. Be specific.

* Note on your calendar any due date for reply, response, answer or “pleading.” These are all different terms to describe a written document that you must usually file in court and serve on the other party.

One law dictionary defines “pleadings” as: “in civil cases, the written statements by litigants of their claims and responses, in forms prescribed or approved for presentation to a court; in criminal cases--the written charge of the commission of a crime.”

* If you do not understand the document, you should seek legal counsel promptly. We have published several columns in the past about how to select an attorney. It is a good idea to have the name of a recommended lawyer on tap for just such a quick need.

* If you fail to reply formally within the prescribed deadline, you may lose your right to defend yourself, and a default judgment may be entered against you, so don’t treat the summons or the deadline lightly.

A document asking for your personal appearance, or for your testimony in a case:

It is called a subpoena.

* Treat it seriously.

* Read it.

* Note on a calendar the date, time and place you must appear.

* This may be news to you. You may not have had any prior knowledge that your testimony was desired. Lawyers are not required to provide any advance notice of a pending subpoena.

* The name of the attorney who caused the subpoena to be issued should appear on it. You should contact that attorney for information and an explanation of why you are needed to testify.

* If the time, date or place are inconvenient, you should ask the attorney to take your circumstances into account. You can’t compel a change in time and date without going to court, but most attorneys are reasonable on calendar changes. If a change is made, send a letter to confirm it and keep a copy.

* You may want to contact your own lawyer for further guidance. Or, if you are planning to testify on behalf of a specific party in the lawsuit, you may want to discuss the situation with that person’s lawyer. It might be easier to avoid the need to testify, with your lawyer arguing on your behalf.

A less formal demand from an attorney, perhaps a letter or a telephone call:

* Treat it seriously.

* If it is in writing, read it.

* Make note of the date, time and place you received the inquiry. If it was not in writing, try to summarize what you heard in writing.

* If a specific debt is mentioned, make note of that.

* If you doubt the accuracy of the demand, now is the time to say something. Silence may be interpreted to mean agreement.

* If you cannot meet the obligation demanded, consider explaining your situation, the reasons why and seeking an extension of time.

* If the demand is for something other than money--for example, a demand that you remove property or move out of your apartment--treat it seriously. Get legal advice.

They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.