Legal Question in Business Law in California

Re: Served with complaint - how do i answer?

First, service on another person may or may not be adequate as to you depending on where the service was made and the relationship of that other person to you. If the other person is an adult who resides at your address or who is in charge of your place of business (or your receptionist) it's almost the same as personal service on you.

Second, your right to answer is unaffected by the passage of thirty days unless and until the plaintiff takes your default...therefore, you need to find out if a default has been filed and then get your responsive pleading on file before you are defaulted. The responsive pleading is usually an "answer" denying the allegations of the complaint and raising various defenses, and it must be in proper legal form to be effective.

Even if your default is taken, you do not necessarily lose in all respects, but your rights are definitely impaired and you have a bigger struggle ahead of you, regardless of excuses.

You should have an answer prepared, filed and served by a competent attorney at once to prevent worse problems. Oftentimes a rather perfunctory and general answer will suffice to prevent default, and a more thoughtful amended answer can then be filed and served a bit later, when you have time to go over strategy and facts in detail with your attorney.

If the complaint is verified, the answer must also be verified.

You should retain an attorney at once to protect your interests.

Re: Served with complaint - how do i answer?

You must act quickly before a default is entered. You would be benefited by obtaining representation. Please call me directly at (619) 222-3504.

Re: Served with complaint - how do i answer?

file the answer now.