Legal Question in Civil Litigation in California

Household Bank has sued my for a personal loan with a balance of $14,000. The summons says I must have a response within 30 days. Response must be in proper legal form. The summons has no court date on it. Can you tell me what legal form I need to use?


Asked on 11/11/09, 3:45 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might file and mail to the bank's attorney an Answer-Contract which could be found on the Judicial Council website at http://www.courtinfo.ca.gov/forms/ . Make sure to include affirmative defenses, as well. Sometimes, though, lawsuits might be susceptible to a demurrer and/or motion to strike. A demurrer says, in essence, "Okay, you've written all this stuff, but it doesn't amount to a hill of beans, legally, so dismiss the case." Usually, though, banks write a complaint that's sufficient to escape demurrer.

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Answered on 11/16/09, 4:09 pm


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