Legal Question in Business Law in California
Which form would you use to respond to a civil summons?
4 Answers from Attorneys
I might or might not use a form depending on the type of case. You, on the other hand, would be foolhardy to go around filling out forms, because you are not a lawyer, and you could seriously mess up your case because you very likely don't know what you're doing. Bring your civil complaint to a lawyer.
'Answer', properly completed, served and filed. But, that is only the minimum beginning of responding and defending a suit. Unless you already know, or are willing to learn, court rules, civil procedure, discovery, evidence, etc., you are likely to do a poor job in fighting an attorney seeking to get a judgment against you. Pro Pers are held to the same standards and requirements as attorneys, so do this at your own peril. If the case is worth fighting and worth enough to hire an attorney to protect your rights, do so. If serious about doing so, feel free to contact me.
The other answers are quite good. I would just add that if you fule the Answer form from the Judicial Counsel, and don't know what to put in the "affirmative defenses" section, you will have blown your right to defend the case on anything but the otherside's terms. I have never seen a pro per defendant win against a plaintiff with a lawyer, ever.
Answer, demurrer, motion to strike, or a motion to quash service of summons. You need to seek legal advice first, as you can lose rights by just setting off on your own, blindly.
Related Questions & Answers
-
What are the ramifications of filing a UCC-1 to take control of the Strawman. Asked 9/07/10, 10:57 am in United States California Business Law