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?
1 Answer from Attorneys
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.