How do I respond to a civil summons in California? The complaint is "illegal rebating".

Asked over 1 year ago - San Diego, CA

This case is in regards to "rebating of life Insurance Premiums" to the clients in California. Since 1988 it is legal to give back some or all of the premiums to the client. So I must respond to this complaint. What form can I download and send to whomever I need to answer. And can I counter sue for my time invested on this case? Thanks for your help!

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

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    Answered . You can get a form but you might have to respond to the allegations and affirmative defenses depending on if it is verified or not. You also might consider a demur based upon the allegations. You should at least consult an attorney.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Charles Richard Perry

    Pro

    Contributor Level 16

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    Answered . The only possible form possibly available to you is a General Denial, which is Form PLD-050 from the California Judicial Council.

    This is not a "check the box" form, however, in that the part regarding your affirmative defenses you must draft yourself.

    You cannot countersue for your time invested in the case.

    I strongly urge you to hire a lawyer to represent you. Your questions suggest a familiarity with the judicial system that is inadequate to defend yourself. Yes, lawyers are expensive. Adverse judgments are often more expensive, however, and it is much cheaper to properly defend against the action the first time than to try to correct mistakes later on.

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