Legal Question in Civil Litigation in California
How do I file a typewritten response to the courts?
I sold my old car to my brother in-law. He wrecked another car and was arrested for this. A collection agency contacted me by mail to collect for the damages to the other car. I, in return submitted evidence showing the car was no longer my responsiblity. Approximately one year has passed without further contact. I recently received a summons saying I am being sued by the insurance company. The amount being sued for is really large. How do I file a typewritten response to the court, and what are the fees for this? Can I in return sue the insurance company for harassment?
Thank you in advance.
3 Answers from Attorneys
Re: How do I file a typewritten response to the courts?
You have to submit a proper and legal answer to the court within 30 days of being served. Once this is done you can file for a summary judgment and show proof that you no longer owned the subject vehicle and you are therefor not responsible for the damages. Once you have won you can then sue the insurance company for your costs and attorney's fees in defending a frivolous lawsuit. If you need help filing an answer with the court you can contact my office. I can work with you and help you without it costing an arm and a leg in legal fees, which you can recover later in the case from the insurance company. I can be reached at 877-546-9918 or by email at [email protected]. The call and consultation are free. I look forward to speaking with you. If you do not call me please call an attorney or you may lose the case by simply not filing a proper answer with the court. A simple explanation letter to the court will not protect you. If the 30 days is almost up I can help you prepare and file an answer immediately.
Sincerely,
John Hayes
Re: How do I file a typewritten response to the courts?
Contact whatever auto insurance company you had at the time of the accident and also and insurance company your brother in-law might have had. the policy may cover the defense of this case. if not, and you are in So. Cal. you can call me. i defend a lot of these for fairly low cost. if you want to defend yourself the form you need is called "Answer-Personal Injury, Property Damage, Wrongful Death" and can be purchased from the court clerk or downloaded from:
http://www.courtinfo.ca.gov/forms/
Re: How do I file a typewritten response to the courts?
The DMV has a form titled, Notice of Transfer. This form should be filled out and filed with the DMV immediately upon selling or transfering a car to another person. Unless this form is filed with the DMV or the title of the vehicle is transfered to the new owner, the owner of title is responsible.
Contact the DMV and get a complete title history.
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