QUESTION
How to handle being sued by the bank.
Asked on Apr 23rd, 2014 on Breach of Contract - California
More details to this question:
My dad was just sued because of breach of contract with the bank. We receive the SBA loan and co-sign with someone else for a business, the other person said they would pay the loan, but did not so we are getting sued. Also, we are trying to find out if we need a lawyer to get a hearing with the judge or at court. Will I need a lawyer to write a legal respond to get a hearing. Finally, when is the respond time it says it is 30 days, but would be from when I receive the sued paperwork or when the paperwork was seal/filed.
1 ANSWER
2 Awards
Hi,
Your dad is not required to have an attorney if he was sued individually. If he was sued in the name of a corporate entity than he would be required to have a lawyer. If he is being sued for a significant amount of money though I would strongly advise that he retains an attorney. In this case it sounds like it would be wise to answer the complaint and probably file a cross-complaint against the primary signer on the loan.
You have 30 days to file an answer from the time that you received service, not from when the complaint was filed with the court.
Thanks,Jon
Answered on Apr 24th, 2014 at 6:26 PM