Legal Question in Civil Litigation in California

Hello,

My office is for sale and when I stopped by yesterday there was a summons with my name on it outside the locked exterior door. I checked with the courts and they said that a proof of service was filed on Sept 24. I wasn't even here!

I don't have the money to fight this stupid thing (it involves a disgruntled ex employee who thinks we are made of money.) We have been advised to bankrupt. I know I must do something as I understand that judgments can follow for years. What do you suggest?


Asked on 10/27/09, 7:16 pm

5 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

At least file an answer to the complaint before the plaintiff takes your default and secures a judgment. Then talk to a lawyer about how to attack the lawsuit.

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Answered on 11/01/09, 7:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Cohen. I also suggest you contact the plaintiff's lawyer (preferably by fax so that you have written proof), explain the delay and ask for an extension. She'll probably agree. If she doesn't and then takes your default soon after, evidence of your effort to work something out will help you when you seek relief from the default.

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Answered on 11/01/09, 7:49 pm
Terry A. Nelson Nelson & Lawless

Fight it, settle it, or ignore it are your choices. If you are really going to file bankruptcy, then don't waste money on fighting it. If not, then you decide whether it is worth settling, or fighting and paying attorney fees to help you, to avoid a judgment. If so, feel free to contact me.

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Answered on 11/02/09, 3:55 pm
Ramona Hallam Law Offices of Ramona R. Hallam

I agree with all of the above advice. If you want to fight and/or settle, file an answer. If not then do your bankruptcy.

It appears that the issue of improper service has not been addressed. If you bring a motion to quash and have a serious Plaintiff, they will continue to pursue you until they obtain good service. You might win on this issue, at least preliminarily, but if you evade they can publish or just continue to lie. If you need to retain counsel in San Diego, please feel free to contact me.

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Answered on 11/02/09, 8:45 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I would like to review the complaint and discuss the matter with you . Contact me directly.

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Answered on 11/03/09, 2:17 pm


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