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In CA...Got our first summons today...help?

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    #31
    Does anyone have the answer to this? Thanks a bunch?

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      #32
      Originally posted by AllMyFault View Post
      Okay, so we're still planning a 7 filing and still trying to buy more time before filing. We got our first summons today in my wifes name. I really can't afford to pay an attorney to handle this yet and I have to respond within 30 days.

      My question is:
      Has anyone in CA responded to one of these on their own? (no attorney)
      How would you suggest I respond to buy myself more time?
      Should I disagree with and argue the alleged amount due?
      It says on the summons there is a website to go to and download your own forms for filing.

      Any help would be greatly appreciated!
      I am not a lawyer - having said that ..

      You file an answer with the court - go to the court and ask them about the format, what form, if any etc

      The important part, if you're doing this pro se, is when it comes to the allegation about you owing them $x is to answer "I cannot affirm or deny this claim"

      This should be enough to get you a court date in the future

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        #33
        Question: The $355 (or so) court cost to answer the summons......is this a fee that I will need to pay to file each answer to each summons I may get?
        If this was your question, the answer is yes.

        The fees for filing other motions on a case that you have already answered the summons to, can vary. But once you get involved in active litigation in CA or my state, you can run up $1000 in court costs pretty quickly on just one lawsuit. And this does not include any attorney fees. Check your local court fee schedule for specific costs.

        The people who are telling you to always answer a summons live in states where there is no fee or a very low court fee to file an answer. You have to decide whether $355 to answer is cost effective just to delay your case.
        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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