If I am being sued in small claims court by the insurer of the guy who hit me, how do I respond?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am being sued in small claims court by the insurer of the guy who hit me, how do I respond?
Do I need to counter sue?
Asked on December 21, 2011 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You will need to file with the court an answer to the complaint. The complaint is the lawsuit attached to the summons. The answer denies the allegations in the complaint. If you don't file an answer within the time set forth in the summons (attached to the complaint), the opposing party will file a default which means you will have lost. If that happens, you will need to file a motion to set aside the default. If the court grants your motion to set aside the default, the case is then back on track and litigation will continue.
When filing your answer to the complaint, you should also file a cross-complaint. The cross-complaint is the countersuit.
The documents that you file with the court (answer to complaint, cross-complaint, etc.) should have a proof of service attached. The proof of service verifies the date of mailing a copy of your documents to the opposing party. You can use a court form proof of service. The Small Claims Court advisor will help you with filing an answer to the complaint and the cross-complaint. Small Claims Court may have forms you can use to file the answer and cross-complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.