Legal Question in Real Estate Law in California

Re: Real Estate Deposit in Dispute

from the facts given so far, it does appear time is very much of the essence here. however, unless i am not following you correctly here, how will you be serving your response without having filled it out yet, based on your final question in your submission? if you would like to clarify your case for me, please email me directly with your contact phone number, and we can call you first thing in the morning to help assist you legally in this matter if at all possible. we can certainly help you on the malpractice issue as well once we get more detailed information.

Re: Real Estate Deposit in Dispute

You must serve the Answer by either personal service or mail. Make sure you provide a proof of service. Otherwise, the clerk will not accept the filing of your Answer. Further, the Answer must be filed with the clerk of the court within 30 days of service. If you fail to do so, the plaintiff can take your default essentially kicking you out of court. The best service is personal service. You can deliver it to the attorney's office yourself. Or, you can fax and mail it. Again, make sure you prepare a proof of service indicating the date service was made, where and upon whom and attach a copy to the Answer when you file it with the court.

Re: Real Estate Deposit in Dispute

Your most critical date is the filing date, but you won't be permitted to file unless your answer has, appended to it, a 'proof of service' showing that service on the plaintiff has been initiated.........however, the service on the plaintiff may consist merely of mailing a copy of your Answer to the plaintiff's attorney. The actual delivery need not be accomplished until the USPS gets around to it.

Although I don't recommend filing an Answer late, the thing to remember is that your Answer is not disregarded unless you not only miss the 30-day cutoff, but also the plaintiff files a request for entry of default. Thus, you can sometimes get away with filing an Answer 31 or more days after being served. My point is not that it's OK to delay; rather, that just because you missed the deadline you shouldn't concede defeat -- get your damn Answer in late if necessary, but ASAP.

If, somehow, the plaintiff manages to take your default, you can petition fore relief from default. You should not be representing yourself if this is necessary.

The Answer should be on "pleading paper" (numbered lines, vertical marginal rules) and meet California Rules of Court requirements for a pleading; i.e. proper caption and, if the Complaint is verified, the Answer must also be verified. An Answer should admit or deny each material allegation of the Complaint and set up at least one defense against each cause of action. Usually, lawyer-prepared Answers have denials and afirmative defenses, most of which are quite technical.

Re: Real Estate Deposit in Dispute

We can help you answer the complaint by tomorrow and you can serve an answer by mail. You may have a right for a cross-complaint for malpractice. Please contact our office for an immediate consultation.