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Filing an answer to a complaint in California Courts.

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An answer must be filed by defendant within 30 days of the date that they have been personally served.  Filing of a complaint says to this defendant that they are being sued and that they must file an answer.  If the defendant fails to file an answer or respond to the proof of service, a default can be entered and judgment is entered against them.  Failing to file an answer, essentially says “I do not dispute the case.”

 

If the defendant files an answer, they are required to set forth the reasons why they are asserting a defense.  Generally, in California auto accidents, a general denial answer is filed, stating generally that they deny each and every allegation.  This is not unusual, even though liability may be obvious.  Non lawyers should not be concerned by the filing of an answer that denies all of the allegations.  Later in the litigation, the agreed liability and damages will be admitted under penalty of perjury or will be agreed upon in discovery.  But for now, the most important thing is that the answer is on file so that litigation can proceed.  

 

A California auto accident attorney can assist you in the filing of a complaint or an answer to a complaint.  Generally, in litigation in Superior Court, it is wise to have an attorney represent you because the rules mandated for processing a case are regimented and strict, and you would not want to prejudice your rights.  Call us if you have a need for an Orange County or Los Angeles County personal injury or auto accident attorney at 1-866-981-5596 or contact us at your earliest convenience through our website.


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