Legal Question in Civil Litigation in California

Re: Proper response to summons

The form you file to respond to a complaint is usually an "Answer." You can find those at the California Court's website http://www.courtinfo.ca.gov/forms/.

Both of the previous responses are correct. It is dangerous for you to proceed ahead with an unlimited civil action representing yourself, and if you insist on representing yourself, you should still speak to an attorney. An answer is sometimes unnecessary if the complaint is fatally defective, which is attacked by way of demurrer. There are other motions that will put an answer on hiatus that may be dispositive to the outcome of your case.

If I were you, I would at least speak to an attorney about the nature of the case, and do so before the time runs out.

Very truly yours,

Re: Proper response to summons

As stated by the other attorneys, the claim is allegedly valued over $25,000.00. Therefore, you would be wise to IMMEDIATELY seek legal counsel.

One cost effective alternative is for you to hire an attorney as a legal coach. However, full representation is normally most effective. Minimally, make an appointment with an attorney to to at least evaluate the case.

The legal jungle of unlimited jurisdiction is a maze of procedures and rules, which, if not carefully followed, may cause great harm to your side of the case. This saying is often true: "He who has himself for an attorney has a fool for a client."

Re: Proper response to summons

Since this isn't a small claims action, you need far more than direction to a form, available in the court clerks office or on the court's website. You will need to know proper procedures, time limits, court rules, discovery procedures, evidence rules, trial procedure, and all the other things that are needed to present a defense to a lawsuit.

Re: Proper response to summons

The Judicial Council maintains a website containing common forms: For an answer to a breach of contract (collection) claim: http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf ; if a tort (car accident, battery, etc.): http://www.courtinfo.ca.gov/forms/fillable/pldpi003.pdf .

However, since the case potentially is worth over $25,000, why mess around and try to do it yourself. At the very least, bring the documents to a lawyer for a consultation. Sometimes an answer isn't the proper procedure if the complaint is defective.

Also, if the complaint arises out of an accident, a person should tender the defense to his/her insurance carrier. Good luck!