Legal Question in Real Estate Law in California

Need to answer complaint

I need to answer a complaint by tomorrow. The complaint is for specific performance of the return of a deposit on real estate. Could someone either help me with a sample answer I could file or help me handle the case?? There's not a lot involved at this point (just $5,000) left in escrow. The original deposit was $10,000, but the realtor forged my name and allowed $5,000 to be released to the buyer before escrow was due to close. Escrow has conveniently ''lost'' that paper that released the money!

Thanks for any help you can give me!


Asked on 7/29/03, 12:26 am

4 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Need to answer complaint

i believe i answered your previous question, but if not, please feel free to contact my office via email with your phone contact information and we may be able to assist you in your answer first thing in the morning.

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Answered on 7/29/03, 12:40 am
Dieter Zacher Law Offices of Dieter Zacher

Re: Need to answer complaint

You might be able to get a two week extension to answer the complaint. Call the opposing lawyer, or his assistant, and request an extension. If they give it to you, confirm the extension in writing. Then, you will have additional time to consult a lawyer and file an answer. If you like, I can provide a standard answer for a fee. But, you should really get a lawyer to help you with the case.

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Answered on 7/29/03, 12:41 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Need to answer complaint

An Answer to a Complaint, especially one for specific performance, is a daunting and highly technical exercise in legal draftsmanship. Few lawyers would be able to do a good job in only one day. Many court clerk's offices are closing early due to budget problems. Unless you understand the format requirements and have some idea of the technicalities of pleading, you should not attempt doing the Answer yourself. This is especially true if the Complaint is verified.

There are plenty of hungry lawyers who would prepare an Answer that was at least adequate to prevent default for a few hundred bucks. I'd start looking at 8 a.m. Answers can now be filed by FAX through services such as Fax 'n' File in most counties, avoiding a last-minute rush to the courthouse.

The suggestion about asking for an extension is sound......it doesn't have to be two weeks, but most lawyers are decent enough to give the opponent a little extra time if requested. Get a written confirmation, though.

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Answered on 7/29/03, 1:49 am
Larry Rothman Larry Rothman & Associates

Re: Need to answer complaint

Normally, there has to be a request for mediation or arbitration before a lawsuit is filed. You may have a valid defense. If you do not defend, you could be liable for damages, costs, and attorneys fees. Please contact Mary at my office for consultation and we can help you file a response to the complaint by tomorrow.

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Answered on 7/29/03, 10:11 am


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