Legal Question in Civil Litigation in California
Filing a response to summons
I was served court summons, with thirty days to
file a response.
Is a response something I could type up and
file with the court? Or does it have to be
done by a professional (attorney or paralegal).
Are there certain legal forms that are required
if I do it on my own.
3 Answers from Attorneys
Re: Filing a response to summons
You are never required to have a professional do
your legal work. However, that's like saying you
are never required to have a plumber fix your leaking
toilet or a mechanic fix your car. If you know how to do
it yourself, great. If not, then you can really
screw things up by trying to do it yourself. If you
insist, however, you may go the clerk of the Court and pick
up a form called an "Answer." It is a form that
you can fill out easily by checking boxes and
filling in blanks. It works for most cases and what
you need to put on it is usually obvious.
Re: Filing a response to summons
Yes, you have to file a proper answer with the court within 30 days. I would recommend hiring an attorney to prepare the answer for you so that you can ensure that a proper answer will be filed. If you do it yourself and it is not done properly the person who sued you can file for a default and automatically win. It is cheaper in the long run to hire an attorney from the start than trying to do it yourself and ending up hiring an attorney to defend a default. Even if you win the default you would have to file a proper answer anyway. If you need help preparing and filing an answer I can help. I can be reached toll free at 877-546-9918. The consultation is free. If you have limited funds I would be willing to work with you. I look forward to speaking with you.
Sincerely,
John Hayes, Esq.
Re: Filing a response to summons
If you are So. Cal. I might be able to help you. I do a lot of these at a pretty low cost. If you want to do it yourself you can download the form you need from here:
http://www.courtinfo.ca.gov/forms/