MUST I have an atty to answer summons?
Date: Fri, 01/30/2009 - 11:37
To my knowledge, you don't HAVE to have an attorney, but...BE CA
To my knowledge, you don't HAVE to have an attorney, but...BE CAREFUL in how you answer that Summons. Don't admit to ANYTHING, and DO NOT give them your Soc. Sec. number.
Personally, I don't believe I'd put the improper venue in the Answer.
Good luck!
Do you still have proof that the debt was paid? Sounds as if the
Do you still have proof that the debt was paid? Sounds as if they are trying to get a default judgement by suing you in a county where you don't live. Notify the county clerk of this. I would also check to see if the SOL has expired on this debt.
I'm pretty sure you can always represent yourself. However,
I'm pretty sure you can always represent yourself.
However, some judges can be sticklers about "proper procedure" and adhering to the formality of the court. If you don't "dot your i's and cross your t's" exactly how the judge expects, he can strike your answer for not following proper procedure. If that happens, essentially the plaintiff can get a default judgment because the court doesn't recognize your answer.
For example if your answer says "I don't owe this because I already paid it and this is improper venue." -- the judge may laugh and disregard it because it doesn't have the legal-ese that a lawyer would use so eloquently.
The guy at the help line might know the judge is a stickler, and that's why he told you get an attorney.
Or, that could just be their default answer to all legal questions. After all, they wouldn't want to get sued if they told you that you could file yourself, and then you ended up losing because of it.