Legal Question in Business Law in California
How to answer summon (Civil)
My contractor has sued me for
breach of oral agreement. He claims
that I owe him additional 5900
although we agreed on 35K and I
paid him for 35K He placed a
mechanical lien against my property.
I just received a summon. I made a
mistake of not
insisting on a written contract,
though he is a licensed contractor.
He refused to give me a written
contract. I just have a copy of e-mail
which I sent him which says that we
are agreeing to work for 35K. ( He
didn't respond to that e-mail either)
My question is do I use
the California Judicial Answer or
General Denial Form to answer to his
summon?. I have now 24 days to
respond.
3 Answers from Attorneys
Re: How to answer summon (Civil)
You do neither, unless you want to lose the case. Your best bet is to hire a lawyer.
Re: How to answer summon (Civil)
You are seeking legal advice in your question (i.e., which form is best for my situation). Thus you cannot get the answer you want without entering into a contract with an attorney.
You should seek qualified counsel in your area.
That said, my opinion in general is that an email can qualify as a written contract under certain circumstances. I do not know enough about your specific case to render an opinion, and in any case, I am not in your local area. Please do contact an attorney within the boundaries of the county where the action is pending.
Re: How to answer summon (Civil)
You are in a very serious situation.
A valid mechanic's lien will allow the contractor to sell your home to pay his bill.
This is not the type of thing that you should handle on your own. You NEED an attorney.
My office is in your neighborhood. Send me and email and we can meet to talk about your situation.
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