Legal Question in Business Law in California
received a complaint from superior court california for breach of contract
I have to file an answer within 30 days to a complaint of breach of contract for 15,700. If was format of form can i use to do this? please help
3 Answers from Attorneys
Re: received a complaint from superior court california for breach of contract
You can probably use the Judicial Counsel form Answer to Complaint. However, if you do not know what you are doing you are likely to waive substantial legal rights. I strongly suggest that you take the complaint to an attorney and ask for help in preparing your response.
Re: received a complaint from superior court california for breach of contract
You can go to the Judicial Council website to find a form answer. But, as Mr. Hoffman suggests, you might want to have an attorney at least help you draft a response to protect your rights. Also, there are several possibilities that you might overlook if you were to file the answer yourself -- has the statute of limitation run? Is the complaint legally sufficient? Do you actually owe the debt? Is the amount overstated? Even though the complaint is for $15k+, the contract might have an attorney's fee clause, so it might be worth a lot more than you think, justifying your consultation with and/or retention of an attorney.
Re: received a complaint from superior court california for breach of contract
If the Complaint is on Judicial Council Form PLD-C-001, first look to see if there is a verification attached. Answering a verified complaint requires responding to the allegations of the Complaint with much greater particularity, and your Answer must also be verified.
A simple unverified complaint on PLD-C-001 can usually be answered adequately by using the companion form, Judicial Council Form PLD-C-010.
I join the other responding attorneys by suggesting that you have a lawyer assist you in preparing your answer in order to avoid the high possibility of mistakes.
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