Legal Question in Civil Litigation in California

You need to file your ANSWER and affirmative defenses; you may want to consider filing a counter claim.

All your claims and defenses must be brought in your responsive pleadings to the Complaint. If you don't know how and why to do so effectively, then hire an attorney that does. If default has already been requested or taken against you, you'll have to file appropriate motions to set that aside before you can even Answer or otherwise file your responsive pleadings.

Well you have a couple of "Microsoft Tech Support" answers there - answers that are totally correct but completely fail to answer the question you need answered. You ask if you have any remedies, not what to file in response. The first issue you raise is the delay in serving the summons. Although it might be a technical violation of court rules designed to keep litigation moving forward, the delay in serving the summons does not give you any rights or remedies you would not have if they served you the day after it was filed and issued. As for the other issues you raise, it is impossible to tell what your situation is, much less what remedies you might have, from the confusing information you provide. You say you have been living and paying on land, but you refer to the title holder as the other party. Then you say you've been trying to sell the property for a profit. You can't sell property you don't hold title to except in extrordinary circumstances that would involve sophisticated option transactions. You also refer to a loan and a pay off request. That makes it all the more confusing. How can you have a loan on property you don't own? It just all doesn't make any sense. The only thing I can tell you for sure from the jumble you provide is that if you have a loan and you want to pay it off, the lender is required by law to give you a pay-off demand.

Lastly, though I am a big fan of self-help, and I answer questions on this forum because I want to help people represent themselves in their legal affairs whenever possible, I don't think that is a good idea for you in this situation. If your question is a good example of how well you understand the legal relationships you have gotten yourself involved in, and your ability to articulate them in writing, the lawyer who filed the action against you is going to walk all over you in every aspect of the case. You really need to hire a lawyer who can sit down and go over everything from you and prepare a defense and possible cross-complaint back against the other side.

You need to file an answer, affirmative defenses and, possibly, a cross-complaint ASAP. If you default has been requested, or entered, you will have to ask for relief from either the plaintiff, or if the plaintiff won't agree, the Court. You should do this ASAP.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

It would appear that you are confusing the filing of the summons, which is actually when the case begins, with the service of the summons. When the summons is initially filed, it does not contain a court stamp, and the party filing the lawsuit brings it to the clerk's counter. Technically, that is when the summons is issued. At one time, the original summons had to be returned by the plaintiff. Many courts now hold the original summons, and issue copies of the summons to the plaintiff. Generally, under modern fast track guidelines, the plaintiff had 60 days to serve the defendants with the summons and complaint. But this is an issue between the court and the plaintiff, and does not invalidate the service on you. The judge ensures compliance with the fast track rules, and they usually only result in monetary sanctions paid to the court. You have suffered no prejudice, and you are making an issue out of something that is not an issue.

I suggest you speak to an attorney about the lawsuit, as soon as possible. An attorney can review your paperwork and point out valuable defenses and counterclaims.