Legal Question in Credit and Debt Law in California
Answer/Response to a Summons on Complaint for Monies
Hi,
I had an issue with a painting contractor over 3 years ago. The job was bad and they charged me more than the estimate, and I had disagreements with them at that time. Now they are sueing for money. I have a summons from the Superior Court of Calif. It is a verfied Complaint for Monies. I am to file a type-written response (answer) to the court by August 15. The amount is $1130 + 10% interest + 300 legal fees.
Would you please advise which ''form'' should be used for that response? Is it form 842.1.35 (Answer - Contract)? or something else, can you also advise where I may be able to download the form.
Can you advise what may/can be the responses to the complaint? (Other than the normal bad work, unprofessional, oral contract since I had no signed copied given to me (statue of limiation of 2 years), etc.)
Thank you for your prompt attention.
2 Answers from Attorneys
Re: Answer/Response to a Summons on Complaint for Monies
You should use the answer form you suggest with each of the reasons you don't believe that you are obligated to pay. The Statute of Limitations is a defense and an oral contract is 2 years. In fact a licensed contrator cannot have an oral contract. I am home, but the Code section for the Statute of Limitation Defense is either 339 and 340 of the C.C.P.
Re: Answer/Response to a Summons on Complaint for Monies
To add to Mr. Rothman's sage advice, you may want to cross complain for breach of contract and complain for the monies it will cost to re-paint your house. In either event, this is a matter you need to take seriously as your home may be encumbered by a judgment in the bad painters' favor. You should seriously think about hiring a lawyer for this reason alone. Good luck-Martin
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