how to file an answer to a complaint without an attorney in california

California courts require defendant debtors who don't have an attorney to file the Answer by mail or in person. So, here's what you need to do: Print two copies of your Answer Mail one copy to the court Pay the filing fee to the court. Mail the other copy to the plaintiff's attorney.

Full Answer

How to find out when a summons was served?

What does it mean when you receive a summons and complaint?

What is the number of days on a summons?

How long do you have to respond to a lawsuit?

How to find out where a lawsuit was filed?

What is a certificate of service?

How to list allegations in a paper?

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How do I answer a complaint in California?

You can file an answer to respond to the plaintiff's Complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.

What is a MC 040 form?

The Notice of Change of Address form is a state form, MC-040 . You can access it and complete it online. File the completed original and the copy at the Court where your case was heard - see list of courthouses. Keep the filed copy for your records.

How do you answer a Summons without a lawyer?

Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.

How do I respond to a Summons and complaint in California?

Here are three steps to responding to a Summons and Complaint: Answer each claim listed in the complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.

Can a process server leave papers at your door California?

While process servers may not legally enter a building, they may leave a summons taped outside of your door, as long as it does not display the contents.

Can you be served by mail in California?

Service by mail is permitted for all papers if the party to be served lives outside California. In these circumstances the mailing must be by Registered or Certified Mail and must have the Return Receipt Requested form attached and filled out.

How do I write a letter of response to court?

Provide the name of the court at the top of the Answer. You can find the information on the summons. ... List the name of the plaintiff on the left side. ... Write the case number on the right side of the Answer. ... Address the Judge and discuss your side of the case. ... Ask the judge to dismiss the case.

How do you respond to an allegation in a complaint?

Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.

What happens if a defendant does not respond to a summons?

— If the defendant fails to answer within the time specified in these rules, the court shall, upon motion of the plaintiff, order judgment against the defendant by default, and thereupon the court shall proceed to receive the plaintiff's evidence and render judgment granting him such relief as the complaint and the ...

How long does a defendant have to answer a complaint in California?

After you are served, you have 30 days to file a typed response with the Court, counting holidays and weekends. You Can Lose By Default: If you don't file a response 30 days after you were served, the Plaintiff can file a form called “Request for Default”. The Plaintiff has to wait 30 days to file this.

How long do you have to answer a complaint in California?

Additional grounds for filing a Demurrer can be found in CCP § 430.10. If the Demurrer is overruled, the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court (CRC), Rules 3.1320(g), and (j)).

What is a demurrer California?

A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

How do you answer a summons in Arkansas?

Key TakeawaysCreate an Answer Document.Answer each issue of the Complaint.Assert your affirmative defenses.File the answer with the court.

How do you respond to a summons in Washington state?

In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and by serving a copy upon the person signing this summons within 20 days after the service of this summons, excluding the day of service, or a default judgment may be entered against you without notice.

How do you respond to a civil summons in Kentucky?

If you feel like chucking your Kentucky summons in the trash, hold up a minute....If you'd rather submit your Answer on your own, you can follow the steps below.Create an Answer Document. ... Answer each issue of the Complaint. ... Assert affirmative defenses. ... File the answer with the court and serve the plaintiff.

What happens after summons is issued?

Summons issued by the court personally to the Defendant or his agent. After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report.

A Sample response letter to the court for a debt summons

A "letter to the court" is not the proper means of responding to a summons and complaint. Rather, you need to draft and file an Answer. You must also send a copy of that Answer to the plaintiff.

How Do I File a Response to a Summons if I Am Residing in ... - HG.org

When someone receives a summons, it is usually to indicate that they are being named as a defendant in a lawsuit. If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court.

HOW TO FILE AN ANSWER TO A COMPLAINT WITHOUT AN ATTORNEY - SEOLS

Answer Instructions Page 2 of 3 You should address the Judge as “Your Honor.” Then tell the Judge that you are writing to him or her about a lawsuit filed against you in the Judge’s court.

What is an ALD in the state bar?

The State Bar could also issue an Agreement in Lieu of Discipline (ALD), in which the lawyer agrees to take corrective action. Neither a warning nor an ALD are considered discipline. If the State Bar decides to file charges against the lawyer, the case will go to the independent State Bar Court and will become public, ...

How to recover money from a lawyer?

If you lost money or property because a lawyer did something dishonest, you may be able to recover it by filing an application with the Client Security Fund. But first you need to file a complaint against the attorney.

What happens if the review determines that the alleged facts establish a violation?

If the review determines that the alleged facts establish a violation, the matter will be investigated. Complaints and investigations are confidential. If, after investigation, the evidence does not establish a serious violation, the State Bar may issue a warning to the lawyer.

What does the state bar refer to when a criminal is suspected?

If criminal conduct is suspected, the State Bar may also refer the matter to a law enforcement agency for investigation and potential prosecution.

Does the State Bar notify the complainant of receipt of a complaint?

With the exception of anonymous complaints, the State Bar notifies the complainant of receipt of the complaint. An experienced State Bar attorney will review the complaint to determine if the facts are sufficient to show that an ethical violation occurred. Additional documents from the complainant may be needed to complete this evaluation.

Who handles complaints about unethical attorney conduct?

The State Bar’s Office of Chief Trial Counsel handles complaints about unethical attorney conduct from several different sources, including clients, family and friends of clients, courts, opposing counsel, members of the public or other third parties, and anonymous submissions.

What is a counterclaim in a breach of contract?

A counterclaim is a civil claim arising from the same set of circumstances. In breach of contract cases, for example, it is common for the defendant to allege that it was the plaintiff who, in fact, breached the contract. In this case, the defendant would make a breach of contract claim in their answer, in much the same way they would if they were the plaintiff making the allegations in a complaint. The defendant must allege all the elements of any claim they bring against the plaintiff as a counterclaim and allege the amount of damages they incurred. The plaintiff will then have to answer the counterclaim in the same way a defendant originally answered the complaint (but note that the identifiers of plaintiff/defendant remain the same).

What is a summons in court?

A summons is a separate document that gives the defendant official notice that he is being required to appear and answer the allegations made by the plaintiff. In most states, a person representing themselves will need to have the summons issued by the court clerk.

How to serve summons and complaint?

Rules regarding proper service of legal documents vary by state, but the most common way to serve a summons and complaint is to have them personally delivered by an adult who is a resident of the state where the complaint is filed. This is usually done by hiring a private process server or your local sheriff’s department to serve the documents.

What is affirmative defense?

An affirmative defense is a defense that does not depend on the veracity of the plaintiff’s allegations.

What to do if you have a contract and you fail to hold up your end of the bargain?

Likewise, if you have a binding contract with someone and they fail to hold up their end of the bargain, you may need to file a lawsuit to recover your losses due to that breach of the contract. The first step to beginning any lawsuit is to file a civil complaint. In the complaint, the plaintiff (the person bringing the lawsuit) ...

What happens if you ignore a summons?

If you ignore the summons, the court will enter a default judgment against you and you will be legally obligated to pay for all the damages awarded! This means that the plaintiff will most likely be able to seize your bank accounts, garnish your wages, and potentially foreclose on your home.

How to find the elements of a claim?

The best way to discover the elements of a potential claim is to ask the librarian at your local law library. Although they won’t be able to give you legal advice, they should be able to tell you where to look to find the individual elements of any potential claim. Once you know the elements of each claim you wish to bring against the defendant, you then need to allege facts that, if proven at trial, will satisfy each element of your claim for relief. You will also need to inform the court (and the defendant) what specific relief you are requesting (such as economic damages or emotional distress damages for pain and suffering). This is known as the prayer for relief.

What happens when you put a contract in writing?

The law states that when people put their agreements in writing, the written contract takes priority over whatever else is said in relation to the agreement. If the plaintiff’s claims are based on a verbal statement that contradicts, or falls outside the written terms of the agreement, you may raise this defense.

What happens if you delay filing a lawsuit?

The law requires people to act promptly to enforce their rights. If the plaintiff waited a long time to file a lawsuit, without having a good reason for the delay, and the delay has made it harder for you to defend the case, this defense may apply to you.

What is the law called when you believe the plaintiff has taken advantage of his or her own wrong doing in relation to the?

The law requires those coming into the court seeking justice to do justice themselves. This concept is called “clean hands .” If you believe the plaintiff has taken advantage of his or her own wrong doing in relation to the lawsuit, you may raise this defense.

How long do you have to respond to a summons?

One of the papers you should have received is called a Summons. If you choose to respond to the summons and complaint you must do so within 30 days of the date you were personally served. The 30 days includes Saturdays and Sundays. Do not count the day you were given the lawsuit, but begin counting with the next day. If the 30th day falls on a Saturday or Sunday, you can file the Answer on the following Monday.

What is a lawsuit for money based on a contract called?

lawsuit for money based on a contract, loan or agreement is a civil action. The one who is bringing the lawsuit is called the plaintiff. The one who is being sued is called the defendant. If you are sued, you have several choices:

Where can I get a CA answer form?

You can get the Answer forms from the Court Clerk’s office, located at 1100 I Street, Modesto, CA or the Self-Help Center located at 800 – 11th Street, Room 220 of the Courthouse . You can also get them online at www.courtinfo.ca.gov/forms.

Can you sue for extra money after a loan was sold?

If the complaint is asking for money after the goods or property that served as collateral on a loan were sold, and the sale was not properly noticed or conducted, this defense may apply. Plaintiff, or the person or entity that assigned the claim to plaintiff, is not entitled to sue for extra money after the sale of the goods or property if the law does not allow for a deficiency judgment, or there was improper notice of sale, or the sale was conducted improperly.

How long to give notice to quit?

notice to quit, or accepts rent from you after giving you the 3-day notice to quit, this defense may apply. If the landlord gave you a 30 or 60 day notice to quit, and later accepted rent to cover a period of time after the 30 or 60 days, this defense may also apply. If you use this defense, save the rent money in a separate bank account and leave it there until your trial. Having the rent money will help show the judge your good faith, and will help you to settle the case, or make it easier if you have to move.

What is the warranty of habitability?

live in has to meet certain minimum health and safety standards. The standards for keeping a property safe and sanitary are called the warranty of habitability. You have the right to a secure property free of leaks, with working plumbing, safe gas and electricity, heat, hot and cold running water, clean and safe common areas (areas shared with others such as sidewalks and laundry rooms), and free of rats, mice, roaches or other bugs. If the health or safety problem was caused by normal wear and tear, and not by you or your guests, and if you told the landlord about the problem and he or she failed to make the repairs in a reasonable time, you may be able to withhold the rent money until the repairs are made. If you are going to utilize this defense, you need to give the Landlord written notification prior to your withholding. If you do withhold the rent, you should have the money when you come to trial.

Who must serve a copy of a prejudgment?

It can be served by mail but only by a person who is not a plaintiff or defendant in the case.

What happens if you don't file a written response?

If you do not file a written response within the required time, the “plaintiff” (the party suing you) can ask the court for a default judgment against you for everything she asked for in her complaint. After the plaintiff gets a default judgment, she can try to garnish your wages, attach your bank account, or take your property.

What is a counterclaim?

Compulsory counterclaims. If your claim arises out of the same transaction that underlies the plaintiff's claim , you have a “compulsory counterclaim.”. If you do not file a counterclaim in plaintiff’s case, you will lose the right to file a separate lawsuit.

Why do you file a motion to dismiss?

File a motion to dismiss or for a more definite statement. There are a number of reasons why you might file a motion to dismiss, including: Lack of jurisdiction. In other words, the court does not have jurisdiction over you. Click to visit Deciding Where to File for more information about jurisdiction.

What happens if a contractor crashes your car?

If the contractor instead had a claim against you because you crashed your car into his, that would be a permissive counterclaim. The contractor could pursue it in the case you filed against him, but he could also file a separate lawsuit.

How long do you have to respond to a lawsuit?

However you decide to respond to the lawsuit, remember there are deadlines to take action. Typically, you have twenty calendar days from when you received the summons and complaint (not counting the day of service) to file a response with the court. But that time might be shorter in some cases.

What does "fail to state a claim" mean?

In other words, you are arguing that plaintiff failed to state a legal claim in the complaint, and there is no relief legally available to plaintiff based on her allegations.

What is the answer to a lawsuit?

An answer is your opportunity to respond to the complaint’s factual allegations and legal claims. It also allows you to assert "affirmative defenses," facts or legal arguments you raise to defeat plaintiff’s claim. Filing an answer prevents the plaintiff from getting a default judgment against you. It signals to the court and the other side that you intend to defend the case.

How to find out when a summons was served?

Tip: If you don't remember the exact date you received the summons and complaint, call the court clerk's office at the number listed on the summons. Give them the case number and ask what date the summons and complaint were served.

What does it mean when you receive a summons and complaint?

If you receive a summons and complaint, this typically means that you are being sued by someone. If you fail to answer, the person suing you may be able to get a default judgment against you. This means they get whatever they are asking for in their complaint. To avoid that, you can't ignore the summons and complaint.

What is the number of days on a summons?

The number of days listed on the summons are calendar days, not business days. If the deadline date falls on a weekend or holiday, you typically need to file your answer on the business day immediately before that day.

How long do you have to respond to a lawsuit?

If you don't file a written answer in court within that deadline, the person who sued you can get a default judgment for everything they've asked for, even if some of the statements they made aren't true. While the deadline differs among states and depends on the type of lawsuit filed, it's typically at least 15 days, starting on the date you received the summons and complaint.

How to find out where a lawsuit was filed?

Identify the court where the lawsuit was filed. The name and location of the court where the lawsuit was filed are listed on the summons. Find out where the court is. If it's far away from you, go to the website for your state's courts and see if there's a closer court where the plaintiff could have sued you.

What is a certificate of service?

The certificate of service form is the same for every case filed in court. On the certificate of service form, write the name and address of the plaintiff (or their attorney) as it appears on your summons. This is where you'll have to deliver a copy of your answer after it's filed.

How to list allegations in a paper?

The allegations will be listed in numbered paragraphs. Take each numbered paragraph separately and ask yourself if the fact is true or not. If it's not, make note of what's wrong about it. This is all information that you'll need to include in your answer.