Responding to a civil summons
June 2, 2015 11:09 AM Subscribe
Asking for a friend: how to respond to a civil summons without a lawyer?
- friend and their LLC are being sued by customer for breach of contract & personal guaranty, they intend to contest it
- customer/suit are in AZ, friend/LLC are in another state
- obviously they need a lawyer and will get one but have not managed to do so by 20-day response time limit, which is more or less now
So -- assuming it will take at least a few more days to find and retain a lawyer, are they better off replying on their own in the interim with a simple request for more time or notice of intent to contest or...?
Or is that not really the hard limit for an automatic default judgment and in practice they're still better off not responding until a lawyer can do so for them, even if it's late? Or are there lawyers who will file a last-minute default extension like that for a flat fee, without being retained upfront for the whole case?
With some brief googling I've found relevant forms/templates in other states (e.g. Minnesota) but not for AZ. Should they call the clerk directly and ask?
- friend and their LLC are being sued by customer for breach of contract & personal guaranty, they intend to contest it
- customer/suit are in AZ, friend/LLC are in another state
- obviously they need a lawyer and will get one but have not managed to do so by 20-day response time limit, which is more or less now
So -- assuming it will take at least a few more days to find and retain a lawyer, are they better off replying on their own in the interim with a simple request for more time or notice of intent to contest or...?
Or is that not really the hard limit for an automatic default judgment and in practice they're still better off not responding until a lawyer can do so for them, even if it's late? Or are there lawyers who will file a last-minute default extension like that for a flat fee, without being retained upfront for the whole case?
With some brief googling I've found relevant forms/templates in other states (e.g. Minnesota) but not for AZ. Should they call the clerk directly and ask?
Best answer: They're better off getting a lawyer today. It's a business day, call your local bar association lawyer referral service, tell everyone involved that you have a default judgment deadline when it is and take care of it now. They can always take "a few more days" to find a retain a different lawyer later if they want.
posted by grouse at 11:21 AM on June 2, 2015 [5 favorites]
posted by grouse at 11:21 AM on June 2, 2015 [5 favorites]
Best answer: Start looking for a lawyer right now. Then show up on the return date, ask for time to get a lawyer and time for that lawyer to respond. The clerk may or may not be helpful, but it should not hurt to call the clerk.
posted by crush-onastick at 12:15 PM on June 2, 2015
posted by crush-onastick at 12:15 PM on June 2, 2015
Best answer: Lawyer here ...
This is really not something to fool around with, without a lawyer. Things can go really wrong.
A response to a summons (I'm assuming the summons raises causes of action and states facts) that is not done right can cause your friend to waive certain defenses to the plaintiff's claims. These defenses may have to be stated in a certain way. These defenses may not be obvious to a layperson.
There is NO WAY metafilter can advise your friend on "how to respond to a civil summons." That question is about as answerable as "how can my friend,.who hasn't had a chance to get a doctor, perform surgery on herself."
There's advice that would probably be sound, but with so little info it would be irresponsible to offer it.
posted by jayder at 12:59 PM on June 2, 2015 [10 favorites]
This is really not something to fool around with, without a lawyer. Things can go really wrong.
A response to a summons (I'm assuming the summons raises causes of action and states facts) that is not done right can cause your friend to waive certain defenses to the plaintiff's claims. These defenses may have to be stated in a certain way. These defenses may not be obvious to a layperson.
There is NO WAY metafilter can advise your friend on "how to respond to a civil summons." That question is about as answerable as "how can my friend,.who hasn't had a chance to get a doctor, perform surgery on herself."
There's advice that would probably be sound, but with so little info it would be irresponsible to offer it.
posted by jayder at 12:59 PM on June 2, 2015 [10 favorites]
In many cases a call to the lawyer who filed the complaint, with a polite request, can result in an extension granted.
posted by yclipse at 5:51 PM on June 2, 2015
posted by yclipse at 5:51 PM on June 2, 2015
Best answer: are there lawyers who will file a last-minute default extension like that for a flat fee, without being retained upfront for the whole case?
According to the Judicial Branch of Arizona in Maricopa County:
posted by Little Dawn at 9:56 PM on June 2, 2015 [1 favorite]
According to the Judicial Branch of Arizona in Maricopa County:
Some attorneys are willing to provide limited legal services to clients. This is called "unbundled services" or discrete task representation. Basically instead of hiring an attorney for full representation, the client would hire the attorney to perform a specific service that they both agree upon.The American Bar Association lists two local bar association referral services in Arizona that may be able to offer ideas on how to quickly find an attorney. General information about how to find an attorney is available at the MeFi Wiki Get a lawyer page.
posted by Little Dawn at 9:56 PM on June 2, 2015 [1 favorite]
In many cases a call to the lawyer who filed the complaint, with a polite request, can result in an extension granted.
posted by yclipse at 5:51 PM on June 2
This is irresponsible advice. There are reasons why a lay defendant should not be advised to speak personally with opposing counsel.
posted by jayder at 5:05 PM on June 3, 2015 [2 favorites]
posted by yclipse at 5:51 PM on June 2
This is irresponsible advice. There are reasons why a lay defendant should not be advised to speak personally with opposing counsel.
posted by jayder at 5:05 PM on June 3, 2015 [2 favorites]
This thread is closed to new comments.
posted by neat graffitist at 11:12 AM on June 2, 2015