Legal Question in Construction Law in California

Letter Recieved From Attorney's Office

A letter came from an Attorney's Office in the regular lail; it did not need to be signed for. I know that my mother has a lawsuit against a General Contractor, and that this letter is from his attorney. This General Contractor is supposedly trying to counter sue me, for some ridiculous reason, but I have not been served with anything and have not received anything from him or his attorney prior to this letter arriving. The mail in which this letter was a part of was picked up by someone other than myself, so I have not personally touched this letter. My question is: Since I have not been served in any official capacity, do I have to open this letter? Or, can someone just throw this letter away, considering it ''junkmail''?


Asked on 4/04/08, 12:37 pm

2 Answers from Attorneys
Cathy Cowin Law Offices of Cathy Cowin

Re: Letter Recieved From Attorney's Office

As you point out, you have not been properly served with a cross-complaint. If I were the other attorney, that letter might be a settlement offer or other communication that would be important information. Opening the letter does not create any greater rights or obligations on your part. You should also call an attorney about the situation. The letter may explain the alleged basis for the threatened cross-complaint and an attorney may be able to help you nip it in the bud if it is "ridiculous" as you describe.

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Answered on 4/04/08, 1:09 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Letter Recieved From Attorney's Office

It is impossible to tell you what you legally "have" to do without knowing what the letter is about. You should open the letter to find out what it is and then consult a local attorney to review it and give you advice. It is never a good idea to simply ignore a potentially important letter.

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Answered on 4/04/08, 1:18 pm


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