What form do I use to file a rsponse to a summons and how much does it cost to file and serve?

Asked over 4 years ago - Santa Clarita, CA

I received a summons that I am being sued in a civil LLC case for collection.

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . If you're being sued on behalf of your LLC, you have to have a lawyer representing you. If an LLC is suing you, you can represent yourself, but should you? If you've got no defense, and are just delaying the inevitable judgment, it may not make sense to defend this collections case.

    Please see this similar questions and responses:

    http://www.avvo.com/legal-answers/i-don-t-see-a...

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . I will need to make several assumptions, since your posting did not specify the courthouse or the amount of the balance being claimed in the complaint. In LA County (where Santa Clarita is located), if the debt claimed in the collection lawsuit is less than $10,000, the appearance fee is $205 per defendant. Perhaps you qualify for financial assistance. The clerk of the court has forms for that and if you cannot pay it all now, they may allow you to make payments of the appearance fee. More information is available at the LA Superior Court's web site.

    The standard response to a collection complaint is an "answer to complaint." The second link, below, is to the California Judicial Council's web site, which has free forms in PDF, many of which you can prepare on line and print out to file with the court. You will also need to have someone serve a copy by mail on the plaintiff's law firm and provide a proof of service saying that they did this.

    I still think you should contact an experienced lawyer who can represent you involving this collection case, to protect your rights and get you the fairest settlement. You may also have important counter claims that will help you in this lawsuit, that may be waived if you don't file them properly. Most people do not realize what they are getting themselves into by answering the lawsuit on their own. There's a definite downside and risks you will wind up paying the full amount as a judgment. I have been handling these cases since 1997. Please contact me through my Avvo profile.

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