You have 30 days to file an Answer form or other legal forms after you're handed (served) the Summons and Complaint forms. The 30 days include Saturdays, Sundays, and court holidays.
Personal Testimony: Provide a detailed account of your whereabouts and activities you're engaged in at the time of the alleged service. Witnesses: If there are individuals with you at your location during the improper service, their testimonies can serve as evidence.
Get a Fair Hearing in Court Get ready for battle if you decide to fight, even if you're fighting for a settlement. Get more time. Review the complaint line by line to understand the claim(s) against you. Identify the elements of each claim in the complaint. Review the summons for any failures in service.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.
Yourself it is important to always have an updated. Address on hand with the court. The court willMoreYourself it is important to always have an updated. Address on hand with the court. The court will sometimes send out notices on their own volition. And it's important that you receive those notices.
The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.
Statewide Fees Superior CourtUnlimitedLimited up to $10,000 Civil Complaint – Answer/Response – 1st Appearance $435.00 $225.00 Complaint – Unlawful Detainer $435.00 $240.00 Answer – Unlawful Detainer $435.00 $225.00 Complex case per party $1000.00 –15 more rows
You can contact the Santa Clara County Investigations Division District Office at (408) 942-2952 or file a complaint using their website.