Served with a 'Complaint for Breach of Contract and Common Counts', is it ok to file the answer myself (w/o attorney)?

Asked over 5 years ago - Fresno, CA

I agree that most of the money is due, i have tried to contact the company to arrange payment, no response. Most of the amount due is due from a third party who is also willing to make payment arrangements. Answer is due next Friday, and conference is scheduled with a judge on May 4.
I know there are a lot of hoops in filing papers with the court, but it looks do-able. Any advice?

Attorney answers (1)

  1. David William Ginn

    Contributor Level 13

    Answered . One option you have is to contact the attorney representing the company and see if they will give you additional time to respond to the complaint. Be sure to confirm any agreement you reach in writing.

    If you do want to answer the complaint yourself, you might want to look at the judicial counsel form answer, which you can find at the court's website. If the complaint is verified, you need to go through the complaint paragraph by paragraph and identify the parts you believe to be contested. If the complaint is not verified, then you can just check the box for a general denial.

    The main challenge of preparing an answer is identifying the affirmative defenses that you want to raise. You may be able to go to a local law library and go to the set of books called "Forms of Pleading and Practice" to figure out what affirmative defenses you might want to raise. Once you get this all assembled, you may want an hour or so of an attorney's time to help you make sure you are not making any mistakes.

    Good luck!

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