6-07/120.00 Joint Debtor Summons



Service of a Joint Debtor Summons is made in the same manner as the original summons, except that a copy of plaintiff’s affidavit is served with the Joint Debtor Summons.  A copy of the complaint need not be served.

CCP 989-994 provide for proceedings against joint debtors under a contract who were not served with a summons and did not appear in the action on the contract.  Where a judgment has been entered against one joint debtor, a Joint Debtor Summons (SUM-120) may be issued summoning the unserved defendants to show cause why they should not be bound by the judgment.  (Christina v. Baker, 28 CA 2d 412)  An affidavit by the plaintiff or his agent is filed with the court clerk in order to obtain the summons.