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Time Limit for filing.

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prama

Guest
What is the name of your state? Ca.
Is there a time limit a Defendant has to reply to a law suit by filing a "Defendant's Clailm and Order to Plaintiff?
 


JETX

Senior Member
Are you the plaintiff (asking how long the defendant has to answer) or the Defendant trying to answer a notice of suit???

If you are the Defendant, form SC-120 is used for you to notice the court that YOU have a claim against the party that sued you. It is not a form for you to use as a general answer to the suit.

Need more information on what you are trying to do in order to answer properly.
 
P

prama

Guest
I am the plaintiff. I filed suit against my landlord on oct.11. I held onto the papers and waited up until the last day possible of having them served in proper amount of time. Our court date was set for Dec. 6th. On Dec 5th I received notice from the courts that the L.L. had requested a postponement and it had beeen granted. New date Jan.9th, 2003. On Dec. 31, I received a certified letter from the courts with the document I mentioned stating she is now countersuing me for unpaid rent in the amount of a $1000.00.
My claim is for a total of $942.00. Breakdown- $6oo.00 for the L.L. acting in bad faith by returning a partial of the deposit 48 days after I vacated, the state says it has to be done within 21. She returned $700.00 out of $1300.00. It was still another week before I received a statement of herr breakdown. The only deduction I did agree with her on was for the 6 days rent she withheld. Our 30 day notice was up on Aug 3, but I did not return the keys to her until the 6th Because I wanted to do alot more clening than the law says I have to do, because the house isss 4 sale. The remainder of $348.00 she kept I filed the claim on.
Also I was informed yesterday that if either party request a postponement, a copy of the request is also to be mailed to the other party. Is this true? I didn't get one.
 

JETX

Senior Member
The form you received (SC-120) is the notice from the defendant of their countersuit against you.

As noted on that form, your time to respond is the date of the scheduled trial (actually presence is requested, rather than a response).

From your post, it appears that both your claim and the landlords will be heard on 1/9/03.

As I understand it, the CA court provides a number for you to call the day before trial to confirm the setting.
 

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