Legal Question in Real Estate Law in California
I want to move back into my home, gave friend 30 day notice.
I own a mobile home in Mt View. My friend needed a place to live and loaned me $15k to get the place. she has lived there for two years. She pays me $1000 for part of the mortgage/space rent. She has had legal problems, and I don't agree with her lifestyle. I went to live with my fiancee. In July I put the home up for sale. I gave her written reasons I wanted to end agreement. Paid her back $9k. She missed several payments to me which I deducted off of $15k, and gave her a spreadsheet. On nov 9 I served her a 30 day written notice to vacate, and told her I was moving in with my mother. The home is still for sale. On Nov 21, she served me a summons suing me in Superior court for unlimited civil action (exceeds $25k) for pain & suffering, emotional distress, loss of investment, and breach of contract saying I have never paid her a dime. Please advise. I need to reply to this complaint.
4 Answers from Attorneys
Re: I want to move back into my home, gave friend 30 day notice.
You seriously need an attorney. You may want to consider a demurrer.
Re: I want to move back into my home, gave friend 30 day notice.
This is a serious matter. You need an attorney or you might loose more than you have already.
Call me.
Re: I want to move back into my home, gave friend 30 day notice.
You will have to respond to the complaint and should file a cross-complaint. If you fax me copies of the complaint and any documentation you might have supporting your claim to 714 363-0229, I can provide you with free consultation.
Re: I want to move back into my home, gave friend 30 day notice.
You need to speak with an attorney immediately.
In California after you are served with a summons and complaint, you generally have 30 days within which to respond. If you fail to properly respond, the plaintiff will request that a default be entered, and will ultimately obtain what is known as a default judgment for whatever she is asking for in her complaint. Once that happens, the plaintiff will be able to "enforce" the judgment by seizing your bank accounts, garnishing your wages, and a host of other means prescribed by law to collect the amount of the judgment.
If you have trouble finding a lawyer, you can always contact the lawyer referral program of your local bar association, who can help in your search.
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