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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118809
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I asked you a question on 11/25/2008 concerning a Summons

Customer Question

I asked you a question on 11/25/2008 concerning a Summons we received. We have contacted couple of attornies but they do not the answer. Is it possible to fax you the summons to tells us what we need to do, the time limit is very short. We have contacted someone to fix the problem but we do not know what to do now. We also received an Offer to Compromise with the Summons. Where do we go from here?
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
The way this service works does not allow us to take faxes or emails and it is likely too long to put in here. If the offer to compromise is fair then you can settle with them for the amount and they will dismiss the case against you. For now, until you find an attorney, you can file a "general denial" and you can find it here. A general denial is permitted in a limited civil case even where the complaint orcross-complaint is verified. (Code Civ. Proc., § 431.30(d);1 see also Code Civ.Proc., § 92(b) [answer in limited civil case need not be verified, even when thecomplaint is verified].)

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Customer: replied 8 years ago.

Is the General Denial just to delay the Summons? We are planning on having the work done. Do we fill out the Offer to Compromise after we have done the work and show them the proof that is up to code? There is no court date on the Summons it just states that we have 30 days from the date we received ti

Thank You

Expert:  Law Educator, Esq. replied 8 years ago.
It does delay the summons and offer to compromise. Thus, if you can get to the attorney that is handling the summons, and you can negotiate the settlement before the 30 days from the date you were served, then do so and anything you negotiate get in writing, including the promise to dismiss the action. You can fill out the offer to compromise at any time, but the closer you get to the 30 days the tougher it gets. Thus, if you cannot discuss the compromise and agree in a timely fashion, then file the general denial, which gets you more time to deal.

Law Educator, Esq. and other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank You for your help. I hope we get this problem settled fast. We will try to get in touch with his attorney, whichtried today they did not answer.
Expert:  Law Educator, Esq. replied 8 years ago.
Fast is generally the best and cheapest way to do so.