Legal Question in Civil Litigation in California
Does it cost to answer?
Was served a summons three weeks ago. Have prepared an answer. Will I have to pay to file my answer with the court?
5 Answers from Attorneys
Re: Does it cost to answer?
Yes. The amount depends on the jurisdiction and the county. Check with the clerk when you file the answer.
Re: Does it cost to answer?
Yes, unless you qualify for a waiver of fees and costs--its a judicial council form--it's called "application for waiver of court fees and costs". You can get this form at: http://www.courtinfo.ca.gov/cgi-bin/forms.cgi. If you need help filing it out I can do it for a fee.
Re: Does it cost to answer?
Yes. Either call the clerk of the court or log onto court's website to find out the correct filing fee.
You may also be eligible for a filing fee waiver if you meet certain financial criteria.
Re: Does it cost to answer?
It costs around $100.00 to answer a complaint. If you cannot afford the costs of litigation you should take the time to fill out the extensive financial disclosure form that goes with the application to have fees waived. Then be prepared to spend a half a day walking around the courthouse getting it approved by the judge. You can't get the waiver approved unless you have the "Answer" with you, so take the paperwork for the fee waiver (about six documents) and the completed "Answer" to the courhouse and ask who approves these waivers. You have to be at that courtroom at certain times so do not become discouraged. Once you get the fee waiver signed by the judge you take that signed waiver and the answer and you file the answer with the file clerk in the court where you were sued. Good luck. P.S. If you think this lawsuit is entirely vexatious, say that on your answer and request treble attorneys fees for filing a vexatious complaint. That can be written in a one liner on the Answer. "Defendant contends that this lawsuit is entirely without merit, brought about to vex an annoy Defendant and Defendant asks for treble times attorneys fees necessary to defend this frivolous lawsuit." That goes in the body of the Answer. Then at the end, where the Prayer is and you are asking for what you want add: Defendant prays for treble damages for forcing Defendant to hire an attorney to defend a frivolous lawsuit." You have to get this in at the very first when you file the answer or you may not have a chance to ask for this again.
Re: Does it cost to answer?
Yes, each of the courts has a schedule of fees for filing an answer. If you cannot pay the fee, you can petition the court to waive the fee, but you will have to show substantial evidence of your inadequacy.