Legal Question in Civil Litigation in California

Should I submit an answer to a summons?
We are in default on a business loan and the answer from us is due today. I don't know what to say or if I should simply lose by default since everything the plaintiff says is true. We simply can't afford to pay it. I hate to pay the filing fees, attorney fees, etc... to simply lose the case anyway, and I really don't see how I could win it. What should I do? I have been unable to get in to see an attorney. We are talking to one next week about bankruptcy, but that will be too late for this issue. Can someone please help?

Asked on 12/07/07, 12:45 pm

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

0 users found helpful

0 attorneys agreed

Re: Should I submit an answer to a summons?

You need to file an answer. If you lack the fees to pay the filing fee, then fill out and file a request for a waiver of fees and costs. This should buy you time. Once you file for BK, this will put a stay on the action. Do not get a default judgment on your record.

Answered on 12/07/07, 1:01 pm

Mark as helpful

Terry A. Nelson Nelson & Lawless

0 users found helpful

0 attorneys agreed

Re: Should I submit an answer to a summons?

If you qualify for bankruptcy and will actually file one, then the BK will take care of this case as soon as it is filed. Don't waste time or money on the case if you're going to file BK.

Answered on 12/07/07, 2:24 pm

Mark as helpful