Legal Question in Consumer Law in California

Notice of Case Managment Conference

I got a notice of case management conference for April 30, 2007. I'm listed as the defendant. What am I supposed to do to protect myself? I recently rented an RV. A friend crashed the vehicle and it was totalled. I paid over $700 for insurance to protect me. The driver was also covered. The RV co says I have to pay. They've refused to cooperate and have refused to give me copies of the insurance papers - they were lost in the crash. Their own insurer told me they were going to sue whether I was right or not. What can I do? I'm disabled, don't have a job or money. I don't own a home. I'm law abiding, no criminal record of any kind. Please advise.


Asked on 2/15/07, 2:55 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Notice of Case Managment Conference

You should file an answer. But, first, you probably need two consultations: a bankruptcy attorney to see if you need to file bankruptcy and an insurance attorney to see if there is a reason the insurance is not paying the additional damages.

If you have no assets of any kind, then it may make sense to just leave this alone and let them get a judgment that they won't be able to collect on.

Finally, you should also consult with your local legal aid to see if they can help you.

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Answered on 2/16/07, 7:24 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Notice of Case Managment Conference

You need to file an answer to the complaint. If you don't do so, the RV company can take your default and then attempt to execute against any of your assets -- bank account, etc. Courts usually have a fee waiver program if income meets a certain criteria. Take a look at the Judicial Council forms website at http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf, http://www.courtinfo.ca.gov/forms/fillable/fw001.pdf, http://www.courtinfo.ca.gov/forms/documents/fw001info.pdf, and http://www.courtinfo.ca.gov/forms/fillable/fw003.pdf. Good luck!

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Answered on 2/15/07, 8:44 pm


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