QUESTION

my son was giving a summons of complaint for me on which need a response within 30 days after being served how do i respond?

Asked on Dec 12th, 2019 on Civil Litigation - South Carolina
More details to this question:
i work for Wells Fargo back in 2016 so a customer is sueing Wells Fargo and myself claiming he didnt sign loan documents back in December 2016
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1 ANSWER

Appellate Practice Attorney serving New York, NY
First you need to find out if Wells Fargo has insurance covering such claims (almost certainly) and if that includes providing a defense for you.  If so, Wells Fargo's insurance will provide you with a lawyer (depending on the nature of the suit and if your position conflicts with Wells Fargo's, it may be the same lawyer who represents Wells Fargo).  If not you need to handle it yourself either by getting your own lawyer or by representing yourself.  The way you answer a complaint, assuming that you have no basis to make a motion to dismiss it as a matter of law (e.g. the complaint alleges a claim that is barred by the statute of limitations, etc.), is to file a document called an answer in which you admit, deny, or deny having enough knowledge to know whether an allegation is true, each allegation of the complaint, and then allege any affirmative defense you may have (affirmative defenses are those which would bar the claim even if everything the plaintiff alleged was true).  If you can't hire an attorney, the clerk of the Court may be able to help you.
Answered on Dec 12th, 2019 at 3:05 PM

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