Legal Question in Consumer Law in California

Re: Small Claim Fiasco

If you received a paper saying you have 30 days to respond, then it is probably not a small claims lawsuit. Small claims lawsuits are a one-page "Plaintiff's Claim and Order to Defendant" listing the amount and reason for the lawsuit, together with the trial date, place, and time. A regular summons (not small claims court) says only that you have 30 days to respond, and the summons is supposed to be accompanied by a complaint that says how much you are being sued for and why. In either case, you are entitled to be handed notice of how much you are being sued for (except in injury cases) and why. However, if you did not receive the complaint, the other side might still claim they did give it to you. You can go to the courthouse (you should at least be able to get the case number and the address of the courthouse from the summons) and look up the case file at the clerk's office. You may also be able to figure out the lawsuit by looking at the plaintiff's name and seeing if you recognize it. In any event, you would need to respond within 30 days. If it is a car accident or otherwise covered by insurance, you need to turn it over to your auto or homeowners' insurance carrier right away. If it is not a small claims lawsuit, and not covered by your insurance, consult an attorney. If you ignore the lawsuit or otherwise fail to respond, a judgment will be entered against you, and you will have to pay whatever amount of money it is they are suing you for.

Re: Small Claim Fiasco

If the paperwork says you have 30 days to respond, I suspect that it's not a small claims lawsuit, but a limited jurisdiction lawsuit. Please provide more details and I'll try to give you some guidance. Typically, if not small claims, one has to file an answer or other responsive pleading within the time required. Otherwise, the plaintiff can take your default and obtain a judgment against you.