Legal Question in Business Law in California

Re: Summons

You have to answer the complaint. An attorney may help you negotiate a settlement. To prove the representation, you will have to do discovery including a deposition of the person who spoke to you and represented the settlement.

Re: Summons

First things first. You must answer the complaint in proper form filed with the court and a copy mailed to the leasing company's attorney within 30 days of the complaint's service upon you. Then, depending on the amount that's claimed you might make an offer to the attorney, or hire your own attorney. You can send a formal demand for bill of particulars, which will be an abbreviated accounting. Further information can be requested in the context of the lawsuit. Good luck to you.

Re: Summons

If you received a Summons, it means you were sued. You must file a responsive document, answer and affirmative defenses, within 30 days of service. I would suggest sending basic discovery and then attempting to negotiate settlement.

JOEL SELIK

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Re: Summons

A Summons is accompanied by a Complaint, and when served, initiates a lawsuit. You have 30 days from the date you were served to file and serve a response, usually an Answer, but possibly a Demurrer or a Motion to Quash Service of Process. Failure to respond will likely result in eventual entry of a judgment against you by default.

As the Summons points out, a phone call or simple letter to the Court won't work. These are formal documents that must follow certain format, procedure and content rules. Most defendants will need to retain a lawyer to prepare the response, but it is possible for a party to act "in propria persona" (personally, without attorney).

Your responsive filing is the place to raise your defenses, starting with any fatal procedural mistakes the plaintiff has made, such as lack of jurisdiction or naming the wrong defendant, or if no defect will knock out the suit completely and initially, then you raise various defenses is an Answer.

In the Answer, the defendant responds to each allegation of the Complaint, by either admitting or denying, then raises so-called affirmative defenses, followed by additional fact-related issues as defenses.

You can also negotiate, but by the time suit is filed and served, the plaintiff will have incurred some costs and fees, and your lease probably contains an attorney-fee clause, so your bargaining position has deteriorated.

Re: Summons

You have been sued. You resolve it through the litigation, which MAY include reasonable settlement discussions. Hire an attorney promptly, agree on how to proceed, and let him do his job. Contact me if interested in doing so.