Legal Question in Credit and Debt Law in California
How do I respond to a summons?
I was served with a summons a few weeks ago and I have read the document and wish to respond to it as false and full of half truths. what is the form or format I should use?
2 Answers from Attorneys
Re: How do I respond to a summons?
Thank you for your posting. If you have been served with a summons and complaint, you have 30 days to file an answer with the court and serve it on the plaintiff(s) through his, her, or their counsel.
You may prepare a responsive pleading, or use the court form, depending on what type of case it is. For example, in contract cases, you should use the answer to contract form, as follows:
http://www.courtinfo.ca.gov/forms/documents/982135.pdf
File it with the court, pay the first appearance fee, and prepare a proof of service and mail to opposing counsel. You will then be the attorney of record for yourself, meaning you are presumed to receive everything mailed to you from the court and others, and you will need to conduct discovery and respond to discovery to have enough to prove your damages, legally, and file a motion to have judgment in your favor, or end up settling, or going to trial.
Best of luck, and I hope this helps -- if you need anything, please don't hesitate to email me back.
Re: How do I respond to a summons?
You can file an answer that is a court form. However, defending yourself can become compicated. If you fax me the lawsuit to 714 363 0229 along with your notes of the response, I will call you and provide you with free consultation.