Legal Question in Civil Litigation in California
proper way to file a reponse to a summons
i have been served a summons for a case management hearing. How do I repond back. I am a victim of internet fraud and now I have to appear in court because I am being sued by the bank
3 Answers from Attorneys
Re: proper way to file a reponse to a summons
If you are responding to a summons and complaint, you have to file an answer. http://www.courtinfo.ca.gov/forms/fillable/982135.pdf . You might want to hire a lawyer because, more than likely, you'll have a hard time representing yourself since the claims sound expensive and serious.
Re: proper way to file a reponse to a summons
What is your defense to the lawsuit? Did you cash a bogus check for a stranger using your bank? One argument I have been wanting to try is that banks ought to be wise to this type of scam by now and they therefore should not hold the victims liable. But somebody would need a lawyer to present that argument and it is a long-shot argument.
Re: proper way to file a reponse to a summons
Without experience in court rules and proceedings, you are not going to fare well without an attorney. If the amount is substantial, you really have no choice but to defend and oppose the lawsuit. You MIGHT be entitled to your attorney fees if you win. Get local counsel to help you. Feel free to contact me if you prefer.