Legal Question in Civil Litigation in California

I've been sued by a creditor for $7,000. I need to respond to the summons within 30 days I now have 5 days left. What answer form do I use?


Asked on 12/16/10, 9:03 am

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Usually, you can use one of two forms. If the case is a contract matter (no injuries or other torts), you can use form PLD-C-010. If the case is about something that does not involve a contract, you can use PLD-PI-003.

Here's a couple of warnings. First, sometimes, cases are both contract and tort. You will need someone to advise you on which form to use. Second, in addition to the form, you can add your own "affirmative defenses." There is a space on each form for your defenses, but you can also add a list of defenses, by an attachment. These defenses can be very important, inasmuch as some defenses are waived, if they are not asserted with the answer. Third, there are ways of responding to a Complaint, other than with an Answer. For example, you may be able to file a Demurrer or a Motion to Strike. These responses are quite common, but there are other possible responses.

It would be a good idea to have an attorney look over the Complaint, at least, to set you on the right course. You may also check with a local bar association or the California State Bar, if you need to consult with a low-cost attorney.

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Answered on 12/21/10, 10:18 am

I hope you figured it out on your own, since you chose a free question and were warned that it would not be answered for five days. If you defaulted, you need to call an attorney.

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Answered on 12/21/10, 5:15 pm


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