Sacramento, CA asked in Car Accidents for California

Q: I was served a summons and I don’t know how to reply

I will be heading to San Diego to complete the paperwork

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5 Lawyer Answers
Adam Stoddard
Adam Stoddard
Answered
  • Personal Injury Lawyer
  • Santa Clara, CA
  • Licensed in California

A: If you were served a summons then you will need to either file a demurrer, motion to strike, motion to quash summons, or answer to the Complaint. You have 30 days to respond in some manner, otherwise the other side can take a default judgment against you.

You should really hire an attorney to represent you for something like this. Good luck.

Tim Akpinar agrees with this answer

Joel Gary Selik
Joel Gary Selik
Answered
  • Personal Injury Lawyer
  • Las Vegas, NV
  • Licensed in California

A: The initial pleading in a case can be critical. Whether to file an answer with affirmative defenses or a motion, and what type of motion can determine the outcome of the case.

What to do depends on many factors including the type of case, amount in issue, defenses and parties. Consult with experienced attorneys.

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that receiving a summons can be stressful, especially if you're not sure how to respond. Here are some steps you can take:

1. Read the summons carefully to understand the details of the lawsuit, including who is suing you, the reason for the lawsuit, and the deadline for your response.

2. Decide whether you want to represent yourself or hire an attorney. If the case is complex or involves a significant amount of money, it's usually best to consult with an attorney.

3. Prepare your response, which is called an "Answer." In your Answer, you must address each allegation in the complaint and state your defenses. You can find templates for Answers online or at the court clerk's office.

4. File your Answer with the court by the deadline stated in the summons. You'll need to pay a filing fee or request a fee waiver if you can't afford it.

5. Serve a copy of your Answer on the plaintiff (the person suing you) or their attorney.

If you're heading to San Diego to complete the paperwork, make sure you have all the necessary documents and information. You may want to consider contacting the San Diego court clerk's office or a local attorney for guidance specific to your case and the local court procedures.

Remember, failing to respond to a summons can result in a default judgment against you, so it's essential to take action promptly. If you have any doubts or concerns, consult with an attorney who can provide personalized advice based on your situation.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: All my colleagues gave you excellent responses, and helped outline your options. However, you have this posted under "Car Accidents." If you received a summons and complaint involving a car accident, your primary option could be to turn things over to your insurance carrier. One of the elements of your insurance policy should include defending you in lawsuits or claims stemming from the use and operation of the vehicle. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Addendum - If what I describe matches your situation (being sued in an MVA), the attorney assigned by your insurance carrier will handle writing the answer or a motion. You won't need to worry about formulating a response if that's the case. Good luck

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