Hi everyone, I received a lawsuit summon a few weeks ago, and I've been racking my brain trying to figure out which form to use in answering the complaint. I've tried calling legal aid but was put on hold for almost 1 hr. And of course I can't afford an attorney. I'm being sued by a CA attorney rep. Citibank South Dakota in Los Angeles. It's been 5 yrs. since my initial breach of contract. Doesn't that mean the SOL has run out? Anyhow, I want to answer the summon but I don't know which form to use. I think they're pretty technical with their forms here in LA. Please help me figure out which form I should use. If there are any attorneys or legal aids people out there who can answer my question that would greatly be appreciated. Thanks!!!! tealeaf69
Is it a small claims lawsuit on a fill in the blanks form that you were served with or is a different court? If I didn't know what to do, I would type up a form in a similar layout as the one you were served with. Make sure it has the court, case # and all parties to the case listed. Then, in a similar fashion, type up your answer. Now, if it was on a fill in the blanks form, there should be a space for you to respond.
Hi LKH, The case is a limited civil case at a county Superior court in Los Angeles. Either the court or the attorney included a form "Stipulation to Participate in Alternative Dispute Resolution", now looking at it, I don't know whether they wanted me to repsond by using that form or not. I'd gone down to the court house to get some sort of help in picking a form. The only thing the court clerk said to me was to either get an attorney, seek help through legal aid, or use their law library down the hall 'cause she wasn't allowed to give any advice. I thought was rediculous, they weren't very helpful at all. So I just went through a list of forms they had on the table and go a General Denial. But looking over it I notice it's only for any claim $1000 or less, mine is for $1339. Then I got another one Answer-Contract. Would you know what this is used for? Or how about an Answer-Personal Injury, Property Damage, Wrongful Death. Somehow I don't think the last form is applicable to my case. So do you think I should just type one up like the one the attorney filed and just put my answer on it? I'm so confused. Thanks!! tealeaf69
DO NOT agree to alternate dispute resolution. You have a valid answer, the suit is time-barred. If you agree to mediation you will not be allowed to present your defense and request dismissal WITH prejuidice. Just e-mail me and I will send you the link to forms for an answr, and a link to my website that has the legal Statutes you need.
Or, if you prefer not to e-mail- here is the link to the "forms" -use the "answer -contract" one http://www.courtinfo.ca.gov/cgi-bin/forms.cgi If you go to "Fax" at the top of the forum you will find the link to my website. There is a "SOL" letter linked, and the Cal. Statutes. Make sure you have your answer notarized and send a copy to the court and the lawyer RRR.
tealeaf, I don't know what part of LA you're in, but I do know that there is a legal aid office right next to the courthouse in Van Nuys. I'm not sure of the hours, but it shouldn't be too hard to find out. Also, I think a number of courts have these legal aid type offices in or near them. HTH
Thanks smogtek for that info. I don't really want to state which city I'm in since there might be spies lurking on these boards. But the court clerk gave a number to call for legal aid. When I phoned legal aid the guy asked me which city do I live in and he gave me the number for that city. So I called and was led through the automated lines and they left me holding for almost an hour. So I got fed up and hung up the phone. Then I turned to the good people of this site and asked for help.
tea, No prob. I can certainly understand where you're at. That's why I'm smogtek, you're tea and everyone else is who they are. Hope the info helped.
