QUESTION
How to properly respond to a court summons
Asked on May 26th, 2014 on Breach of Contract - California
More details to this question:
My son was in an accident that was his fault around May 2012 in a rental car, he did not have collision coverage and his insurance company has denied the claims from Hertz. Now he has been served a court summons for $10,700+ in damages which seem extremely excessive for the damage that was caused and we are not sure what forms to fill out to properly respond to the summons. The summons does not indicate what from number in Alameda County, Ca to use. We would also like to request Alternative Dispute Resolution to resolve this matter but again we are unsure of what steps and forms need to be filled out. My son was 22 yrs old at the time of the accident. Please advise......Hiring a lawyer is too expensive for him.
1 ANSWER
Civil Litigation Attorney serving Arcadia, CA
Partner at
Law Office of Sina Mohajer
When you are served with a summons and complaint, there are a number of things you can do. If service was not proper, then a motion to quash should be filed. If the complaint is objectionable, then you could possibly file a demurrer and have the matter dismissed. Otherwise, you will need to answer the complaint.
Civil litigation is very complicated, and although you stated you cannot afford an attorney, my strongest recommendation is to find a way to hire one. It will make your chance of walking away with a lesser judgment greater. There are so many different ways to handle a civil lawsuit, where it would almost be impossible to answer all of your questions on here.
As for ADR, you can request the Court to assign you a mediator and a completion date. At that point it falls on the parties to schedule a date for mediation.
I hope I have answered your questions. If you would like to talk about your case in person or over the phone, I offer a free consultation.
Answered on May 27th, 2014 at 4:45 PM