Legal Question in Civil Litigation in California

Re: Fighting contract law

After filing your answer, which you must do within the allowed time, there will be status conferences, discovery (potentially including interrogatories, request for admissions, request for production of documents and depositions), settlement conferences and trial.

You can either try to defend the lawsuit yourself, or hire an attorney familiar with contract litigation.

A judgment against you and the other person, depending on the situation, might be "joint and several", meaning that both of you are responsible for paying, and you two work it out among yourselves.

Without giving more details, I cannot advise you further.

D. Alexander Floum is an experienced attorney and an adjunct law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

Re: Fighting contract law

I need more detailed info..before I can advise. Geenerally..after answer...discovery process starts. Each party propounds Interrgatories, Requests for Admissions and takes Depositions. Contact me directly..I can provide you with some affordable solutions.

Re: Fighting contract law

I am presuming that the contract you are talking about is a finance contract. I have defended numerous of these lawsuits. Unfortunately, even if the contract is ultimately unenforceable, it will cost a lot to get to the place where you will be able to prove that to the court, usually between 7 and 10 thousand dollars (or more). The finance companies know this, that is why they always sue for around 10 thousand dollars. Frankly, you are in a pretty bad spot. If you win you will be out 10k (although, theoretically you can recover this by a post-trial motion). If you lose, you will be out 10k to 20k. So what do you do? Unless you like to make attorneys rich, I recommend you use me to threaten bankruptcy, even prepare the Petition. Then I will send the Petition to opposing counsel with a cover letter stating that they have 30 days to agree to a payment plan for 1/2 of the balance owed or the Petition will be filed with the b/k court. It often works. And do not forget to file a formal legal response with the court before 30 days after service of the summons.

Re: Fighting contract law

I am presuming that the contract you are talking about is a finance contract. I have defended numerous of these lawsuits. Unfortunately, even if the contract is ultimately unenforceable, it will cost a lot to get to the place where you will be able to prove that to the court, usually between 7 and 10 thousand dollars (or more). The fiance companies know this, that is why they always sue for around 10 thousand dollars. Frankly, you are in a pretty bad spot. If you win you will be out 10k (although, theoretically you can recover this by a post-trial motion). If you lose, you will be out 10k to 20k. So what do you do? Unless you like to make attorneys rich, I recommend you use me to threaten bankruptcy, even prepare the Petition. Then I will send the Petition to opposing counsel with a cover letter stating that they have 30 days to agree to a payment plan for 1/2 of the balance owed or the Petition will be filed with the b/k court. It often works. And do not forget to file a formal legal response with the court before 30 days after service of the summons.