Summary
In California, when served with a debt collection lawsuit, you must file an Answer within 30 days. Deny allegations you disagree with and include any affirmative defenses, such as the statute of limitations. Use a readable font like Times New Roman or Arial in 12-point size for your documents. Serve your response to the opposing law firm by certified mail, ensuring the server is over 18 and not a party to the case. The server must complete a proof of service form and file it with the court. Serving documents in another state for free is difficult, but a friend or family member in that state can help if they meet the requirements. Use certified mail with return receipt requested and file the Proof of Service by Mail form with the court.Full Conversation
I got served and need to respond. Can you help me craft a response that I can file with the court ?
Sure, I can help provide some general information. To assist you better, could you please let me know your location (state or city)? Knowing this will help me provide you with the relevant legal procedures and deadlines.
California
In California, responding to a lawsuit involves several key steps:
- You have 30 days to file a response after being served.
- Responses can include an Answer, Demurrer, or Motion to Strike.
- Ensure your response addresses each allegation in the complaint.
Could you provide more details about the nature of the lawsuit?
I am being sued by a debt collector and would like to deny most of the allegations
In California, you should file an "Answer" to the complaint within 30 days of being served. Here are some key points to include in your response:
- Deny each allegation you disagree with.
- Include any affirmative defenses (e.g., statute of limitations, mistaken identity).
- Sign and date your Answer.
- File it with the court and serve a copy to the plaintiff.
Do you need assistance with specific language for any particular part of the complaint?
Yes
To help you draft your response, here's an example template for the "Answer" to a debt collection complaint:
- Title: "Defendant's Answer to Complaint"
- Intro Paragraph: State your name and deny all allegations unless specifically admitted.
- Responses to Allegations: Respond to each numbered paragraph in the complaint. Use phrases like "Defendant denies the allegations in paragraph [X]."
- Affirmative Defenses: Include any applicable defenses (e.g., "The statute of limitations has expired").
- Conclusion: Request dismissal of the complaint and any other appropriate relief.
Would you like some specific language for a particular section?
Do I have to use a certain font ?
In California, there isn't a specific font requirement for court documents. However, it is common practice to use a readable font like Times New Roman or Arial, typically in *-point size. Ensure your document is clearly legible.
Would you like help with any other parts of your response?
Can I serve my response to the opposing law firm with certified mail ?
In California, you can serve your response to the opposing law firm by certified mail; however, certain conditions must be met:
- Ensure the service is done by someone who is not a party to the case and is over 18 years old.
- The server must complete a proof of service form (e.g., Proof of Service by Mail) and file it with the court.
Do you need help with any specific part of the proof of service form?
So a postal worker delivering the certified letter and proof that it was delivered is not enough ?
No, having a postal worker deliver the certified letter and proof that it was delivered is not sufficient. The person serving the documents must be over * and not a party to the case. This individual must also complete and file a proof of service form with the court.
Do you need assistance with filling out the proof of service form?
Is there a free way to serve a law firm in another state ?
Serving a law firm in another state for free is challenging. Typically, you need to use a process server or certified mail, both of which incur costs. However, you might consider asking a friend or family member who lives in that state to serve the documents for you, provided they meet the requirements (over * and not a party to the case).
Would you like more information on the required steps for serving documents out-of-state?
How do I use certified mail to serve someone ?
To serve someone using certified mail in California, follow these steps:
*. Have someone over *, not a party to the case, mail the documents.
*. Use certified mail with return receipt requested.
*. The server completes a Proof of Service by Mail form (POS-*).
*. File the Proof of Service with the court.
Would you like details on filling out the Proof of Service form?
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