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What is the last date to file an answer to the complaint and…

What is the last...

What is the last date to file an answer to the complaint and serve it on the attorney for the plaintiff ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California Can you serve it by mail for an unverified complaint

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Complaint and a mechanic's lien has been recorded

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Answered in 2 minutes by:
1/22/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,831
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open under California law.

You file the original and should send the answer to the other side certified mail so you can prove service if you have too or your answer.

That will put everything in dispute here and allow you notice of any future pleadings or hearings.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 6 months ago
But do you get an extra 10 days if you have been served by substituted service ?

Yes that correct.Just make sure you get the answer in as soon as you can here.

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Customer reply replied 6 months ago
ok got it. I have one more question

Ask away

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Customer reply replied 6 months ago
Is the defendant who received an ADR package from the plaintiff's counsel with the complaint required to serve an ADR package on the attorney who served the complaint on the defendent by mail ?
Customer reply replied 6 months ago
with his answer

No you are not.You can call and talk over ADR with other lawyer if you want to try it.Likely they would agree and it can be a joint submission.

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Customer reply replied 6 months ago
Can you serve a copy of a general denial in a separate document from a breach of contract judicial council form if its the first document you served in the case ?

You could do so.

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Customer reply replied 6 months ago
ok

Thanks again and good luck.Thanks for rating 5 stars.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,831
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
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Customer reply replied 6 months ago
Is there a form or judicial council form to combine an answer denying liability to a cross complaint against the plaintiff ? what is the name of the form ?
Customer reply replied 6 months ago
combining the defendents denial to a complaint with a complaint by the defendent against the plaintiff ?

So here you have two different forms, an answer and then file a counterclaim.Usually you do this separately.

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Customer reply replied 6 months ago
will a summons be issued on the defendent's cross complaint ?

Yes you will have to serve a counter claim or cross complaint by personal service like a new lawsuit.

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Customer reply replied 6 months ago
Ok. can you do both these forms at the same time in the same case that you have against the other party ?

Yes you can.Thanks and have a great evening.Good luck with both.

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Customer reply replied 6 months ago
Thank you and have a good evening!

Bye for now .

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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