Legal Question in Credit and Debt Law in California

The correct response to a lawsuit depends upon a number of factors. If you simply want to file an answer to the complaint, there are several different possibilities. First, if it is in Small Claims Court, you have to file the Small Claims answer. If it is in Superior Court, the there is a different form. It also depends upon the legal theories asserted by the Plaintiff (i.e., breach of written contract, common counts, etc...). Finally, your answer depends upon whether the complaint is verified or not. In short, to properly advise you as to how to answer the complaint, an attorney is going to have to review the pleadings that you were served with. In a collections lawsuit, you often will also want to assert affirmative defenses or they are waived. The later are not on a form you can download, but have to be drafted based upon your specific facts and the information in the complaint.

Also understand that there are other responses to a lawsuit. Before you file an answer, there are several options which might be more advantageous for you than simply filing an answer. Unfortunately, the nature of this forum is such that it would be impossible to give you proper advice in response to this question. You would be very well advised to contact a local attorney, see if you can buy an hour or two of his or her time to review the matter and help you prepare a proper response to the suit. By the way - I don't say this because I am an attorney, and this is how we get paid - I say this because the responses to lawsuit are extremely important, and failure to properly assert your rights at the very beginning might result in your waiving those rights entirely.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Of course, while Mr. Gibbs is correct, if you insist on doing it yourself, you can find the Answer-Contract on the Judicial Council's forms website: http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf . Remember, you must file and serve a responsive pleading within 30 days of the service of the summons and complaint upon you.

You are well ahead of the game for even wanting to file an answer. Debt collection firms love when they can get a default judgment. I would add that be prepared for what happens after you file an answer. Actually litigating the case can be difficult, and the discovery process is vital in putting yourself in a good negotiating position.

Regards,

Bryan

Bryan Becker

Becker Attorneys

www.bbeckerlaw.com

California Debt Defense

http://californiadebtdefense.blogspot.com/