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In certain cases, the defendant has the option of using a general denial as her response to a summons and complaint. Usually this means that a copy is physically handed to each defendant.
When a person is handed a copy of the summons and complaint, she becomes a defendant in the case. Contents 1 What form do I use to Answer a summons in California? How do I check how many penalty points I have? This can mean getting money from you by garnishing your paycheck, levying on your bank account, or putting a lien on your house or car. A judgment against you can also show up on your credit report.
You have no ability to pay and no defense to raise. In these cases, filing a response may result in you owing more money than the original debt. This happens because:. As you can see, whether to respond or not is a very complicated decision to make. The only way to make sure you do what is best for you in your particular situation is to talk to a lawyer. Some legal aid agencies or bar associations may have lawyers that can help you negotiate with the credit card company or bank and avoid going to court.
Click for help finding a lawyer. Once you decide you are going to respond to the lawsuit, remember, you MUST respond within 30 days from the date you were served with the lawsuit. And you need to decide how to respond since there are several ways you can:. Talk to a lawyer! A lawyer can answer any questions you may have about what type of response would be best in your case. Each type of response has different legal implications that could even hurt your case in the future, so it is very important you understand all the consequences to what you choose to file.
Even if you cannot afford a lawyer to handle your whole case, you may be able to get a consultation for limited guidance on what your best strategy is. If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff.
You will have to pay a filing fee to file your papers. If you cannot afford the filing fees, you can ask the court for a fee waiver.
If the court approves your fee waiver request, you will not have to pay the fees. But if you win your lawsuit and collect costs from the other side, the court may ask you to pay back the waived fees. Either way, make sure you file your response before the 30 days are up!
To serve the plaintiff with a copy of your response, have someone 18 or older not you and not involved in the case , mail a copy to the plaintiff. If the plaintiff is represented by a lawyer, a copy of your response gets served on the lawyer. If the plaintiff is self-represented, it gets served on the plaintiff. The person who does this for you must fill out a proof of service by mail form.
Then, make sure you file this proof of service form with the court and keep a copy for yourself. If you filed a motion as your response, then follow the direction of the judge when he or she makes a decision on your motion.
If you filed an answer or general denial to the complaint, there are a number of steps before the trial. Read Before the Trial to find out what your next steps are. If you have a claim against the plaintiff and you want the court to hear your claim, you have to file a cross-complaint against the plaintiff at the same time you file your answer.
If you do not, you will waive your claim. This may also be true for claims against third parties if they are based on the same facts and circumstances as the lawsuit the plaintiff filed against you.
If you are adding new parties to the lawsuit, you will also need to complete a summons for the cross-complaint and have the new parties served with the summons and cross-complaint. You do not need a summons if the only persons you are suing are the ones who are suing you.
Prefiling: Starts when the reason for the lawsuit first happens, like failing to pay your credit card bill. There are a lot of things the plaintiff the credit card company must do to get ready before filing a lawsuit. Filing: Starts when the credit card company fills out and files the papers to start a court case.
Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.
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