seven Posted January 26, 2009 Report Share Posted January 26, 2009 My brother received a summons on last Thursday. He is being sued over a signature loan that he got last year. The attorney's office that is suing called back in October and said they were acting as a CA on behalf of the loan place. I told my brother to immediately fire off a DV. They received the dv on 10-16-08 and never responded until he got served on last Thursday. The summons says he has 20 days to respond in writing. We both may need help as we both got a loan and we both fired off dv's..he got served on his, so far nothing has come for me. This a first for me...any help on what defenses he has and how to prepare a response is greatly appreciated, I may also need them if I am served as well.. Link to comment Share on other sites More sharing options...
swirlgirl Posted January 26, 2009 Report Share Posted January 26, 2009 Do a search for how to answer a summons. Regardless of the situation, your brother will have to provide an answer or he'll get an automatic default judgment. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 26, 2009 Report Share Posted January 26, 2009 If this is the OC, then there are some defenses but not too many unless he claims it is not his loan. If the atty sued by failing to asnwer the timely sent DV< then he has an action against the lawyer. Don't make the mistake of thinking it is a defense to the lawsuit, it has nothing to do with the lawsuit. It is a separate action vs. the lawyer. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted January 26, 2009 Report Share Posted January 26, 2009 If this is the OC, then there are some defenses but not too many unless he claims it is not his loan. If the atty sued by failing to asnwer the timely sent DV< then he has an action against the lawyer. Don't make the mistake of thinking it is a defense to the lawsuit, it has nothing to do with the lawsuit. It is a separate action vs. the lawyer. Link to comment Share on other sites More sharing options...
seven Posted January 27, 2009 Author Report Share Posted January 27, 2009 ok..so should he file an answer to the summons and then counter on the lawyer with failing to answer the timely dv??? should his answer include anything related to the no response to dv??? Link to comment Share on other sites More sharing options...
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