Although I would need more information to fully answer your question, I believe your issue puts you in small claims court. Generally if you did not receive the summons until after the time to respond had expired, it is not a proper service. You may need to appear in court if you were properly served with the summons in order for the judgment not to be automatically entered against you both. Because small claims court rules vary greatly by local rules, I would recommend talking to someone in the area in which the court lies. Also I would do this as soon as possible so that no other deadlines are missed and this way this attorney can give you the proper advice on the matter. As for type of attorney, you can speak to basically any of them but I would recommend a business or civil litigation attorney.
Answered on Dec 02nd, 2011 at 1:08 PM