need legal advice..10 days to answer

[Anonymous]

I have been served in a CC case aginst me for La. Civil court. I now have 10 days to file a response or I default.

I dont know where to begin. I need to know what to do, and what a reasonable fee to pay a lawyer to answer for me.

I dont want to default.

[Anonymous]

There are a couple of other issues I have questions about in regards to this case.

1) the summons was served to my boss at my place of work, but the lawyers do indeed have my home address.

2) I was seved 30 after the mandatory 60 days in which they had to serve me.

ie) case was filed Dec 31, 2002 , and I was served 90 days later.

I am so in the dark here and im running out of time. Ive called lawyers who told me I cant afford them, and Legal Aid says I make too much.

This board has been good for advice on Validation and whatnot, but now im really up against it legally and Im met with stoney silence.

I just need help filing an answer, but cant figure out how. I dont want to default.

Please help.

[LadynRed]

You don't need a lawyer to do the Answer for you, you can do it yourself.

If your State statute says they have 60 days for service of process and you were served 90 days after the suit was filed, you should be able to use that in your answer, just note the applicable state statute - improper service.

Here's a link on how to file your Answer:

http://www.nwjustice.org/docs/205.html

Here's another that also gives you pro se advice on how to file and what affirmative defenses you can use.

http://www.legalhelp.org/affirmative_diffense.htm

http://www.legalhelp.org/answering_complaint.htm

Pull up your State statutes on-line, sounds like you've already done so somewhere, and get the statute numbers you need for any of the things you use.

I hope this helps !

[Edit by LadynRed on Wednesday, April 23, 2003 @ 04:03 PM]

[Anonymous]

Lady in Red,

Thank you so much for those links, they will be very helpful.

I have been spinning out about this and you gave me just the info i needed.

Your icon cheered me up too. Between you and Swede most of my bases are covered:-)

Thank you again, I will let you know how it goes. I may also need to figure out how to file for a fee waiver.

Im sure i'll look back at these as the good old days.

[Anonymous]

Ok, so I downlaoded a lot of forms, but im still uncertain about many things.

1) Summons was served on 3/31/03, however proof of service was filed on 4/10/03. What is my 30 day deadline, is it 30 days after 3/31 or 4/10. Is it 30 calender days, or business days?

2) I did not find a form to file for 15day extention of dealine. Does this option exist in California?

3) Do i need to file a CM110 (case management statement) and if so, what is my deadline for that?

Lady in Red, the link you gave me were great, Im unsure however if that America Pro Se has lawyers in L.A. The site doesnt state that.

What is a Declaration of Due Diligence?

Below is the history of my case on file with the court.

<<<<<<<<

Histories ( Dates listed in descending order)

04/10/2003 PROOF OF SERVICE TO COMPLAINT FILED

04/10/2003 DECLARATION RE DUE DILIGENCE

01/28/2003 PROOF OF SERVICE OF NOTICE OF CASE MANAGEMENT REVIEW FILED

01/03/2003 NON-APP CASE MGMT REVIEW SCHEDULED FOR 06/03/03, IN DIV/DEPT 12

01/03/2003 CMR CLERK'S CERT OF SERVICE MAILED TO RESPECTIVE PARTIES/COUNSEL

12/31/2002 COMPLAINT FILED

[LadynRed]

Do you know what this Declaration of Due Diligence says ?

Due Diligence generally means they did everything they could do within the laws to do something. So, its important to know what that statement is due diligence for. Was it for Service ? Did the summons go somewhere else originally ??

Are you in Louisiana ?

[Edit by LadynRed on Thursday, April 24, 2003 @ 01:38 PM]

[Anonymous]

I beleive it is in reference to the service of the complaint.

You see, it was served upon my employer at a part time place of work, as was the mailed version.

That catch is....they do indeed have my home adress.

So not only did they not serve me within 60 days, but they didnt serve me personally, or at home. They also cause humiliation and workplace harrassment as a result.

Looking at these forms, Im a bit worried i will do something wrong.

(im in los Angeles.)

[Edit by Elvis Eleven on Thursday, April 24, 2003 @ 01:49 PM]

[Anonymous]

Im going to meet with a man today who says he can help. I have 2 days to file my answer. I have questions reguarding any counter claims i may include.

Those counterclaims would be inregards to violations of FDCPA. Is it appropriate to include these in my answer?

*** I just noticed this... The first legal paper I recieved was a "case management review notice". I recieved that on January 25, 2003, Two months before I was served (3/31/03), but get this....

The postage meter has it postmarked MARCH 24!

[Edit by Elvis Eleven on Monday, April 28, 2003 @ 10:40 AM]

[calawyer]

A cross-complaint is a separate document. Here are the applicable rules (CCP sections 426.10. 30, and 50:

http://caselaw.lp.findlaw.com/cacodes/ccp/426.10-426.70.html

[Anonymous]

Thanks callawyer.

I have another thread thats more up to date, i did however hope to include 2 couterclaims in reference to FDCPA violations.

(crossing fingers)