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CAL, FORMAT USED TO ANSWER SUMMONS

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T

TEDGLO

Guest
Hi,

Received summons. Denied all allegations. What type of document do I use to answer the court?

The plantiff and lawyer made false charges and are frivolus. Can I counter-sue the plantiff and lawyer for my costs and damages?
 


I AM ALWAYS LIABLE

Senior Member
TEDGLO said:
Hi,

Received summons. Denied all allegations. What type of document do I use to answer the court?

The plantiff and lawyer made false charges and are frivolus. Can I counter-sue the plantiff and lawyer for my costs and damages?

My response:

Wait a minute, you're going too fast. Let's back up a second, okay ?

1. First of all, you were "served" with a Summons and Complaint.

a. What court ? Superior Unlimited, Superior Limited, or Small Claims court ?

b. On what date were you served ?

c. You don't "answer a Summons"; you answer a Complaint. A Summons is merely your official Notice that you're being sued.


2. Next, you say "Denied all allegations".

a. How, and in what form or format did you do that ?

b. Did you send your "Denial" to anyone yet ?



3. Then, you go on to say, "What type of document do I use to answer the court?"

a. What do you mean by this ? I thought you said you already "Denied all allegations" ?



4. You then ask, "The plantiff and lawyer made false charges and are frivolus. Can I counter-sue the plantiff and lawyer for my costs and damages?"

a. You're talking about "Malicious Prosecution". You can't "countersue" for this cause of action until such time as you win the present lawsuit. Then, you can file your own, separate lawsuit. And then, even if you do win the present lawsuit, in order to file and win a "Malicious Prosecution" action, you'd have to be able to allege and prove some extremely difficult allegations, not the least of which, is that the present lawsuit is a complete, baseless, sham - - that was filed with malicious intent, and had no merit whatsoever, in law or in fact. Courts really, really hate these types of complaints, so it would be a near 90 degree uphill battle.


So, I need answers to the above questions, and I really need to know EXACTLY what you've done in the defense of this action, and how you've done it.

Please be as specific, and as accurate as you can be.

IAAL

[Edited by I AM ALWAYS LIABLE on 06-17-2001 at 12:00 AM]
 

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