Legal Question in Civil Litigation in California

Re: Proper Service or Not?

For six cents you can buy a form from the Los Angeles Superior Court called "Answer." There are a few of these forms so read the five or six types of Answers offered for sale and choose the one that seems right to you. Fill it out, staring with your name and address and the top upper left hand corner, copying the style of the complaint. Then fill in the name of the court, the case name and the case number. You can usually get all this information off the Complaint. Now read the answer and somewhere it will give you the choice to just deny everything. Make four copies. Mail one copy to the opponent. Keep one copy for yourself. File the best copy with your signature on it with the court. Now you can breathe. You just avoided a default. You must get this "Answer" in within 30 days after you are served with the complaint. If you want to get fancy you can deny only those things which are actually false and you can admit those parts of the complaint which are truthful but I would advise you to just deny everything and you can change your answer later after you take a breath.

Now it is time to try to settle the dispute. Find a friend with good diplomatic skills. Do not try to settle this yourself as you will be too emotionally involved to reprsesent yourself right. Have your friend call them up and ask what's going one and find out what they want. Now you have enough information to start asking questions of lawyers as to how to resolve the thing.

You are right to be frightened by a lawsuit. You can get really creamed if you do not have money to sue back. But if you get that answer in you can at least think.

There are some pretrial motions you might want to try, a demurrer, a motion to strike but for this you need to get to the law library and decide if you want to do this. There is a manual for tenants by a lawyer named Moscovitz who is the mastet at explaining these pretrial motions to nonlawyers.

Good luck.

Re: Proper Service or Not?

Thanks for your posting. California allows "substitute service", which means that lawsuit papers can be left with someone who is competent and who represents that they know you. The presumption is that they will give you the lawsuit papers.

Showing up at the case management conference won't do it. For one, those dates normally are set way beyond the date for a default to be taken (which you should avoid), and the fact that you have shown up in court means, normally, that you have been notified of the lawsuit.

You should plan on answering the complaint, challenging the complaint via motion, or filing bankruptcy. If you want more information on either of those options, please feel free to email me. Thanks.

Re: Proper Service or Not?

You may have been properly subserved. I suggest you file an answer or respond to the complaint. You must respond within 30 days or the Plaintiff will take a default. Then, you should attend the management comfereince. Please contact me for free consultation if you wish. My fax number is 714 363-0229.

Re: Proper Service or Not?

I agree with the attorney who suggested that service is most probably correct, although you should have received a copy of the complaint in the mail. But, first of all, what is this about? Is it an automobile accident or other claim for which you were insured? If so, regardless of what you believe about the merits of service, forward it immediately to your insurance company to handle for you. If not, and it is a case where there is money involved, perhaps now would be a good time to see if the case can be resolved without litigation. Even if you file, and win, a motion to quash service of summons, what's the point? The plaintiff will just serve you again. I sure wouldn't recommend bankruptcy (!) on a case I know nothing about; for all I know it's a small amount. One way or the other, you do need to address the matter within the thirty days...unless plaintiff will agree to grant you additional time.

Re: Proper Service or Not?

You will have a hard time challenging service and moving to have a default set asside. Answer the papers immediately, better yet get an attorney so that he may ask for an extension if they have not already taken a default. Call me at (619) 222-3504.

Re: Proper Service or Not?

Your problem is you may have been properly served. Is your daughter older than eighteen years old? If so,she may be served in your place. That is called substituted service. You must also be mailed a copy of the complaint. The thirty days starts to run from the mailed copy. If all of the above apply, you'd better read the complaint and answer it, or have someone answer it for you.