Legal Question in Civil Litigation in California

Re: how to answer a complaint

The others gave the best advice.

Re: how to answer a complaint

There are forms available where you can generally deny everything, which is the best way to reserve all of your rights. If you can be in touch with an attorney, or with an organization like legal aid, then this is preferable. Remember that you only have 30 days from the time you are aerved to answer the complaint.

Re: how to answer a complaint

See http://www.courtinfo.ca.gov/forms/. However, an attorney would help you assert affirmative defenses such as statute of limitation, waiver, etc., that aren't provided on that form. Additionally, sometimes the complaint is so inadequate that an attorney might want to attack the pleading rather than answer right away.

Re: how to answer a complaint

He who represents himself has a fool for a client. You should hire an attorney. If the complaint is deficient, verified, or if you need to assert anything only an attorney can help. Also, after you have made the mistakes, an attorney later may not be able to fix them. Better to do it right from the beginning. It takes years after law school and the bar before an attorney can adequately do what you ask. Going it alone leaves you almost completely exposed.

Re: how to answer a complaint

1. Find out if you are covered by homeowners', renters', or auto insurance for the claim, in which case you have a free legal defense coming.

2. Many claims can be avoided entirely by filing for bankruptcy. If you are liable on the claim, and the damages are great, this might (or might not) be your best option. Similarly, if you really have no money or assets they could get as a result of the lawsuit, you may have little to fear. But simply not responding will result in a judgment against you, which almost always is a Very Bad Thing.

3. If you have a claim against the plaintiff, consider filing a cross-complaint which should be done at the same time as your respomse.

4. If you need extra time, say 30 days, to find a lawyer or to come up with a response, ask the plaintiff's lawyer and usually they will agree. Get it in writing.

5. If you are intent on acting as your own lawyer, you will have to very quickly learn lots of stuff, such as how to file and serve court papers, and how to send, and how to respond to, discovery requests such as "interrogatories" and "demands for document production." Among the decisions you (or your lawyer) must make right now is whether to file an answer or a "demurrer" (a motion that basically says, "Suppose everything in the complaint is true, so what?"

6. An answer denying everything (a "general denial") can be used to respond to a complaint that is not made under oath (most complaints are not). The forms are at courtinfo.ca.gov/forms . But again, this is not all you have to do -- the next thing in your mailbox will be about an inch of discovery paperwork that you must correctly respond to, or else you will lose your case almost as quickly as if you had not responded at all.

Re: how to answer a complaint

Answering a complaint depends on the complaint and facts as your answer has to include denials as well as your affirmative defenses. In fact, you may want to demurrer or file a motion instead of answering. Please contact our office at 714 363 0220 for consultation and review of your documentation. We handle cases throughout California.

Re: how to answer a complaint

I agree with the other attorneys. You really need to have a lawyer review your case and the complaint to decide the best way to proceed. I would be happy to take a look at your case if you are in the Bay Area. Call me to arrange a free consultation.

Best of luck!!!

Russ Martin

(415)364-1604

[email protected]