Legal Question in Credit and Debt Law in California

answer form before filing for entry of default

I was told that there was an answer from that can be sent to a law firm to prevent them from filing for an entry of default. Is there a from that i can send and if so what is it called as well as where can i get it? Secondly, does this form prevent a lawfirm from being able to file for a default and a judgement in the future?


Asked on 8/18/06, 12:29 am

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: answer form before filing for entry of default

You need to file and serve an ANSWER within 30 days after service of the SUMMONS. The ANSWER must contain all of your defenses. Call me directly at 16192223504.

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Answered on 8/21/06, 8:24 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: answer form before filing for entry of default

The underlying question is, "Help, I'm being sued!"

1. If the claim could possibly be covered by auto, homeowners' or renters' insurance, contact your carrier immediately.

2. There is much more to defending a lawsuit than filling out the Answer form. The Answer has to be filled out correctly, and all your possible affirmative defenses have to be included, or you could give up grounds for defending the suit you might otherwise have. In any event, the Answer has to be filed with the court and a proof of service has to be attached and a copy has to be properly served (mailed) to the attorney. You will be required to either pay a hefty filing fee or else, if you are very poor (on welfare or SSI) you can fill out a fee waiver form.

3. If you have reason to sue the other party, you might be required to file a cross-complaint at the same time as your Answer.

4. Even if you manage to file and serve an Answer, you are not out of the woods, there are further steps such as serving and responding to discovery requests, responding to summary judgment motions, and presenting your case at the trial, if you get that far which you probably won't.

5. If there is serious money involved, hang up from the internet and call a lawyer.

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Answered on 8/18/06, 1:09 am


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