Legal Question in Consumer Law in California
1st step for a civil summons
Hello, I was served a summons for a complaint for breach of contract. Prior to this , I sent 2 letters of compromise to the collection agency. What is my 1st step if I would like to negotiate this? Can I use a paralegal service or atty? Please help as I don't want a judgement. I live near Pomona, CA. Thanks
3 Answers from Attorneys
Re: 1st step for a civil summons
You only have 30 days to file a written response with the court (unless it's an unlawful detainer case, i.e. tenant eviction case.) The 30 days runs from the date you were served. A paralegal cannot represent you. Only a lawyer can. You can also represent yourself, but that is usually very dangerous. Feel free to give me a call or send me an email. My advice to you will likely depend on how much you are being sued for.
Re: 1st step for a civil summons
Assuming it's not a small claims case, you will have to file an answer to the complaint or other responsive pleading within 30 days. I never recommend the use of paralegals. You will be in a better bargaining position if you appear in the lawsuit. That way, the plaintiff won't have an easy time obtaining a default judgment against you. If they know they'll be challenged -- especially if you have an attorney in your corner -- you might even win or at least be able to effect a compromise. Good luck to you.
Re: 1st step for a civil summons
You need to file a responsive pleading within 30 days. What pleading you file will depend on a number of factors. You could file a demurrer, an answer or a cross complaint. However, the decision is one that should be made in consultation with an attorney, not by a paralegal, who cannot give you legal advice. You should also consult with an attorney to see if you have a case under state or federal law against the collection agency. You might want to look at my blog at www.californiadebtblog.com for more information about these cases.
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