Legal Question in Civil Litigation in California

Re: No Counter-Complaint Recieved

Thanks for your posting. It is a little bit confusing, since you talk about a "counter complaint", which is an entirely different thing, legally, than what you were looking for.

The defendant you served should have filed an ANSWER. For one, you should have filed a proof of service with the court. After you have filed that, and the 30 days to answer expires, you may apply to the court for a default judgement, meaning you win the case.

The court may ask you to appear at a hearing to prove your damages -- with receipts, etc., or may enter a judgment you request if appropriate.

From there, you can use the judgment to take money, property, wages, etc.

If you want an attorney to either guide you through this stage of the process, or represent you from here, I'd be happy to help you in any way I can. Feel free to email me, or call me at 1-877-568-2977. Thanks, Robert Miller -- Attorney at Law

Re: No Counter-Complaint Recieved

If there is no response to the complaint, you can take a default and default judgment. Once the judgment is entered, you can then proceed to collect. I can provide you free consultation if you fax me your documentation. If you want me to represent you, I take cases either on hourly, hourly/contingency or contingency depending on the facts and case.

Re: No Counter-Complaint Recieved

What is more significant than not receiving a cross-complaint, is not receiving an answer to your complaint. If that is the state of your case, and from your remarks "...did not get a response," it seems to be, you must request the entry of a default against the defendant. I have no idea how you got "a court date" without an answer being filed. When your request for default is filed, however, you will designate whether you want a court judgment, in which case you must ask for a hearing date, before which you might file a declaration under penalty of perjury, establishing your side of the case, or a judgment entered by the clerk, in which case you need do nothing more. Some judgments must be entered by the court. The outcome of which is a default judgment being entered against the defendant. If you have had an answer, but no cross-complaint, and the cross-complaint is related to the facts of your complaint, it is known as a "compulsory cross-complaint," which means that it must be brought at the time for the filing of an answer,or the cause of action is lost. If it is based upon a different set of alleged facts, it is not compulsory, and may be brought in an independant action.