Legal Question in Civil Litigation in California

civil suit from another state

how to answer a civil suit? the plaintiff lives calif the defendants lives in florida, both never met and defendant was sued only because defendant was a corroborating witness when the plaintiff wife got a divorce and this is where defendant was brought about. any advise? pls asap. defendant cant afford a lawyer. plaintiff charges unlimited case, general jurisdiction, punitive damage.


Asked on 1/02/08, 3:13 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: civil suit from another state

We will have to review your documentation to see how we can help you. There is a chance that a motion to quash jurisdiction can be filed since you may not have any times in Californai and should not be sued here. Please call us if you need additional help.

Read more
Answered on 1/02/08, 3:40 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: civil suit from another state

I'm not really sure why you're being sued. If you want to fax or e-mail me the complaint, I might be able to give you more specific advice or assistance.

Generally, one would need to file a responsive pleading within 30 days of it being served. Such a pleading could be an answer, demurrer, or motion to strike, or a combination. Depending on the amount in controversy, the filing fee could be $320 (if relief sought is over $25,000), $300 (if between $10,000 and $25,000), and $180 (if under $10,000). If it's a small claims case, no answer is required, but there must be an appearance at the trial. Take care.

Read more
Answered on 1/02/08, 3:43 pm
Terry A. Nelson Nelson & Lawless

Re: civil suit from another state

If you can't afford a lawyer, you'll have to handle it yourself 'pro per'. From out of state that will be difficult. To 'answer' requires preparing, filing and serving the pleadings. Look on the California superior court web site for downloadable forms Answer, and Proof of Service, which you can fill out and mail in for filing. The filing fees on described on the same site. However, there are no such forms for the motions you really should consider. You may have defenses and grounds to have it dismissed, if there really is no basis for it, but the only way you'll get that done effectively is through a local lawyer. You'll have to consider the costs vs risks -- a judgment against you would be a lot more expensive than some attorney fees. If you change your mind, feel free to contact me, if the case is in SoCal courts.

Read more
Answered on 1/02/08, 7:43 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California