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The information displayed here is for information purposes only and does not constitute legal advice, recommendations, mediation or counseling under any circumstances and no attorney-client relationship is formed. Please see the Legal Disclaimers for more details.

Civil Defense FAQ

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  1. Am I being sued?

    Have you received some paperwork called a Summons and another legal document called a Complaint. Look to see if your name is listed as the Defendant. If you have been named as a defendant in a civil action and have received an order to appear at a hearing, this means that you are being sued.

  2. Have I been served?

    When you receive the Summons and Complaint, you have been served. The person who delivers the document to you is called a process server. That person may be a Sheriff, Marshall, Constable, or an adult who is not involved in the lawsuit. Sometimes you may be served through the mail or by publication.

  3. If I am the Defendant (person being sued), what should I know?

    If you do not know why you are being sued, read the paperwork you received and bring it to the attorneys at Perez & Perez immediately for an explanation. Never ignore an order to appear in court even if you think the case is wrong, unfair, or has no basis. If you do not appear in court at the proper time and date, the court may still hear and decide the case without you and you may lose the suit by default. If you believe the plaintiff has caused you injury or owes you money for any reason, you can file a claim against the plaintiff in the same court action. If your case is related to the subject of the plaintiff's case, it may be helpful and convenient to resolve it at the same hearing.

  4. I just got served with the papers on a lawsuit against me; how do I respond?

    You must file a response timely to the lawsuit against you. Contact the experienced attorneys at Perez & Perez to represent you with this matter.

  5. I was served improperly (or untimely); do I still have to show up in court?

    If you were not served properly or in a timely fashion, then you do not have any legal obligation to show up.

    However, if the court is not entirely convinced whether or not you were served properly, the court may proceed with the case and enter a default judgment against you. So, you may still want to show up in court and argue that you be served properly.

  6. How do I let the court know I am being sued in the wrong court (venue)?

    When you are being sued in the wrong venue, you can either:

    Proceed
    If the wrong venue does not unduly inconvenience you, then you may wish to proceed with the case to resolve the dispute as soon as possible.

    Challenge venue
    You can argue that the court is the wrong venue. If the judicial officer agrees with you, the case against you will be dismissed without prejudice and the plaintiff will have to re-file in the correct venue.

  7. How can I sue the plaintiff back for the money he owes me?

    File a countersuit against the plaintiff, especially if your claim against him is related to his lawsuit against you. Contact the experienced attorneys at Perez & Perez to represent you with this matter.

  8. Which courts does Perez & Perez work at?

    Please use our Court Finder to see the courts we attend.

 

 

1440 N. Harbor Blvd., Ste. 900, Fullerton, CA 92835, Phone: (714) 961-1966, Fax: (714) 961-1972

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