Legal Question in Civil Litigation in California

Re: Answer to Summons

Don't try to represent yourself. Let a professional answer for you. In Fact that is the name of the document you need to file "ANSWER." However you may have a claim against the defendant so that you would also need to file a cross-complaint, or the complaint may be demurrered which would dismiss the action entirely (you would need to be able to analyze the complaint); or, you may be able to make a motion to strike, motion to change venue, etc. Of course you would have to allege valid affirmative defenses....see why it's a job for a professional? Call me directly at (619) 222-3504.

Re: Answer to Summons

My recommendation is that you retain counsel to represent you in this matter. If the complaint is not verified, you can answer by providing a general denial in proper pleading form, of course. There are forms, however, they can get you into trouble if not know how properly to respond. Call to discuss. 800-685-6950

Re: Answer to Summons

You should have an attorney advise you as to the proper way to respond to a complaint making sure all affirmative defenses are included. Please contact our firm for consultation and review of your documentation on Tuesday.

Re: Answer to Summons

My first question is whether you've ever been to California, or had any dealings there. If you have no contact with California, you can't be sued there. If that's the case, a simple objection to jurisdiction is all you need to file, and it doesn't much matter what form it's in. Even if you've signed a contract agreeing to submit to the jurisdiction of a foreign court, there are limitations on the other party's right to sue you there (especially if it's a collection agency suing on a consumer debt).

If the California court does not have jurisdiction over you, and awards a judgment against you, it will probably not be enforceable in Virginia anyway. The exception to that is if you file a "response in proper legal form" which, if it's anything other than an objection to jurisdiction, will be taken as a waiver on your part.

"Proper legal form" doesn't mean a fill-in-the-blanks form - it means following the legally prescribed pattern or format. That's pretty much the same, everywhere.

If you want to tell me more about the facts, I can advise you better.

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Re: Answer to Summons

While you do need to file an Answer in a proper format, that does not necessarily mean you have to use a standard pre-printed form. There are at least three different standard forms available which might be useful to you, but they are for three different categories of cases and your case might not fit into any of these categories. Even if it does, you might be better off with an Answer that is drafted specifically for your case.

While Mr. Hawes is correct to ask whether there is any basis for California courts to have jurisdiction over you, he oversimplifies the issue somewhat. Whether your case belongs in a California court is a more complex question than he indicates, and his analysis is over-inclusive in some ways and under-inclusive in others. Even if the court doesn't have juridiction, I disagree strongly with his statement that "it doesn't much matter" what format you use for your objection to the court's jurisdiction. Mr. Hawes is not a California attorney, and while his advice may be correct in Virginia (where he practices) I think you would be wise to make sure you correctly follow California procedures in your case.

Also, be careful about time. An Answer to a Complaint must be filed within 30 days after it is served on you unless your opponent agrees to an extension. This 30-day period is extended to 35 days if you are served by mail within California and 40 days if you are served by mail elsewhere in the United States, but bear in mind that the due date is the date for filing and not merely the postmark date.

Without more information about your case there is nothing more I can suggest.

Re: Answer to Summons

I totally agree with the sound advice of Mr. Hawkes on jurisdiction issue. That is, if you have not availed yourself to the benefits and protections of California by either doing business in California, visiting California, transacting in California, and have not had "minimum contacts" with California, then California courts will not have jurisdiction over you. The court will lack what's known in legalese "in personam jurisdiction."

What you need to do however, is make a "limited appearance" in California court to ONLY answer the jurisdiction question and nothing else, provided you had no "minimum contacts" with California. I strongly suggest you to retain an attorney to make this limited appearance on your behalf.

If you would like to get more information, visit San Diego Court's web site at www.sandiego.courts.ca.gov/superior. You will find forms and other useful information. Also, there is link to California Judicial Council's web site where you can find all of the forms and court rules. Good luck.