Legal Question in Civil Litigation in California
money owed
we just got served with a summons for a civil lawsuit for an unpaid bill from a business that went bad what do i do next??
5 Answers from Attorneys
Re: money owed
It depends. If this is a small claims court matter, you need to show up on the appointed date. If this is a superior court matter, you need to contact an attorney in your area immediately. If you would like a recommendation, you can send me an email.
Re: money owed
The next step is to hire an attorney. Otherwise, if you decide to represent yourself, you run the risk of not responding to legal paperwork on time, in the proper format, or with the proper legal arguments and language. If you respond in ways that do not comply with court requirements, not only might you lose your case, you might be hit with sanctions and attorney's fees as punishment for "wasting the court's time."
Sincerely,
Sergio Benavides
Re: money owed
You stated you received a summons, so you should have also received a complaint. At this point you will need to respond to the complaint within 30 days of service, depending on how you were served.
You will have to file a responsive pleading, and pay fees for doing so. Your responses are one or more of the the following:
- Motion to Quash for defective service
- Motion to Quash for lack of personal jurisdiction
- Special Motion to Strike
- Motion to Strike
- Demurrer
- Answer
The motion that you file depends on the facts of your case and the complaint that was filed against you, and whether or not it is a limited or unlimited civil action.
As the others stated, you would be best to at least consult with an attorney, before your time runs out.
Very truly yours,
Re: money owed
If it's not small claims, you need a lawyer in the area where the suit was filed.
Re: money owed
Your choices are: Pay it, negotiate it down, or defend it. Otherwise you could end up with a judgment against you.
If it is for substantial money, and you think you have defenses to it, consider hiring an attorney to do it right. Feel free to contact me if interested.