Legal Question in Real Estate Law in California

Re: HELP! I missed the 30-day deadline to file answer... What can I do?

If I were you, I would call the law firm listed on the Complaint and request an extension. They should give you a fax and mailed copy of a letter granting you an extension. (Always get extensions in writing.)

You can only file a general denial in a case where the Complaint is not verified. There are exceptions to exceptions in this arena. If you are in an unlimited civil case and the complaint is verified, filing a general denial is improper. Filing an unverified answer will subject the case to a motion for judgment on the pleadings, or at the best, your answer will be stricken and you will have to start again.

If they are applying for a default judgment, you may already be in default. You will not be able to file an answer unless you first file a motion to vacate the default.

You should seek proper legal advice right away.

Very truly yours,

Re: HELP! I missed the 30-day deadline to file answer... What can I do?

The 30 day period in which you have to answer does not start until you have been served. Go to the court and look at the court file for a proof of service. If there is no proof of service in the court file then file your answer with the court. If the proof of service is in the file and your default has been entered, the default must be set aside before you can file an answer. Contact the attorney and ask if they will stipulate to setting aside the default to allow you to file an answer. If the attorney will not stipulate to setting aside the default and allow you to answer, then you must file the appropriate notion requesting that the court set aside the default. The two most common motions are 1. to set aside the default for failure to serve. 2. T request that the court set aside the default under the provisions of ccp sction 473.