Legal Question in Real Estate Law in California
Sum - 100
Hello,
I received a FORM SUM-100 from the HOA following our dispute on a fumigation process. Which type of form should I use to reply ''A letter or phone call will not protect you''?
Thank you,
Dom
5 Answers from Attorneys
Re: Sum - 100
A form won't protect you either, unless you use it correctly.
Re: Sum - 100
You must respond to the complaint served along with it. Contact me directly,
Re: Sum - 100
I was going to answer with a two-word reply: "Retainer agreement." If you don't know what you're in for, it makes sense to at least talk to a lawyer to get a sense of how to proceed. Sometimes complaints can be made to go away at the outset. Othertimes, a lawsuit could be very expensive to defend. In addition, your homeowners insurance might defend you so, depending on the nature of the lawsuit, you might tender it to your insurance carrier.
Good luck in Culver City!
Re: Sum - 100
It looks like you are being sued and you need to obtain an attorney IMMEDIATELY or else you could lose your case without even having your day in court. Your rights and interests could be substantially harmed if you do not take proper action. You may contact me today.
Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue IS time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.
Re: Sum - 100
The Form SUM-100 is better known as a "SUMMONS" and is the law's way of informing you that yoy have been sued. The summons should have been accompanied by a copy of the COMPLAINT that's been filed against you, and in most counties, a newly-sued person should also be served with additional notices such as information on alternative dispute resolution.
It is imperative that you obtain (if not served on you) a copy of the complaint, so you can see what you have been sued for doing or not doing, and what kind of damages the plaintiff is demanding from you.
You indeed have 30 days to respond by FILING AND SERVING a response, usually one called an "Answer," but in some cases other responsive pleadings are appropriate, such as a demurrer, motion to quash service, etc.
There are indeed forms that can be used to answer some complaints. Maybe three different ones, each with its own use, but usually inadequate to deny and refute the claims of a typical complaint. I'd say 98% of lawsuits require or deserve a lawyer-prepared, well-thought-out response, often an Answer running into a dozen or more pages.
If the Complaint is verified, your Answer must also be verified, i.e. you must declare and sign under penalty of perjury that you have read your response and that it is true and correct.