If you receive a summons in California, it’s essential to respond promptly and seek legal representation. Here are detailed instructions on what to do, including how to find a lawyer:
- Review the Summons: Carefully read the summons to understand its contents, including the type of lawsuit, the court’s name and location, parties involved (plaintiff and defendant), and the response deadline.
- Consult with an Attorney: Contact an attorney licensed to practice law in California immediately. To find a lawyer:
State Bar of California: Visit the State Bar of California’s website (www.calbar.ca.gov) and use their “Find a Lawyer” feature to search for attorneys by practice area and location.
Local Bar Associations: Local bar associations often have attorney referral services. Check with your local bar association for attorney recommendations.
Personal Recommendations: Ask friends, family, or colleagues if they can recommend an attorney they have worked with or know of.
Online Legal Directories: Websites like Avvo, Martindale-Hubbell, and FindLaw allow you to search for attorneys, read reviews, and assess their qualifications. - Response Deadline: Take note of the deadline specified in the summons for responding. In California, this deadline is generally 30 calendar days from the date you were served with the summons. Failing to respond timely may lead to a default judgment against you.
- Evaluate Your Options: Work closely with your attorney to assess your options. Determine whether it is necessary to file an answer to the complaint, which is a formal response addressing the allegations in the summons.
- Prepare Your Response: If required, your attorney will assist you in drafting and filing an answer to the complaint within the specified timeframe. The answer should address each allegation in the complaint, admitting, denying, or stating that you lack sufficient knowledge to admit or deny each claim. You should also assert any affirmative defenses.
- Discovery Process: Be prepared for the discovery phase, which may include exchanging information and evidence with the opposing party through methods such as depositions, interrogatories, requests for documents, and requests for admissions. Your attorney will guide you through this process.
- Attend Court Hearings: Attend all court hearings and proceedings as scheduled. Your presence is often required, and your attorney will inform you of the hearing dates and prepare you for what to expect.
- Negotiation and Settlement: Your attorney may engage in settlement negotiations with the opposing party at various stages of the lawsuit. If a settlement is reached, your attorney will help document the terms of the agreement.
- Trial (if necessary): If the case proceeds to trial, your attorney will represent your interests in court. Both parties will present their arguments and evidence. A judgment will be issued based on the trial’s outcome.
- Post-Trial Proceedings: After a trial, there may be post-trial motions or appeals. Your attorney will advise you on the appropriate steps based on the trial’s outcome.
Remember that the specific process for handling a summons in California can vary based on the type of lawsuit, court rules, and your unique case circumstances. Seeking legal counsel from an experienced California attorney is essential to ensure compliance with California’s legal requirements and effectively addressing the summons.