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Lawyer for Civil Suit
updated: Nov 10, 2011, 11:07 AM
I am wondering if anyone has a recommendation for a local lawyer to write up a general denial reply to a civil suit. From what I understand it should be fairly simple. I have called a couple in town but the all require a large retainer.
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COMMENT 231701
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2011-11-10 12:08 PM |
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If the suit is for something that might be covered under your homeowners or auto insurance, (slip and fall? accident?) the insurance company may handle it for you.
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COMMENT 231704
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2011-11-10 12:16 PM |
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Go to the Legal Resource Center in the County Courthouse, upstairs part of the Law Library. It is a self-help center financed by the courts and run by Legal Aid. Call Legal Aid first to find their hours. They can help you figure out how to do it yourself. It is not that difficult. A form with boxes to check and blanks to fill out. They can help you file and serve it. The rest of the case can be very challenging, however, and you will probably need an attorney at some point.
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EDHATBARBARA
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2011-11-10 03:31 PM |
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There is a judicial council form for general denial. Here's a fillable version: http://www.courts.ca.gov/documents/pld050.pdf
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EDHATBARBARA
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2011-11-10 03:33 PM |
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You'll also need a proof of service.
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EDHATBARBARA
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2011-11-10 03:36 PM |
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http://www.courts.ca.gov/documents/pos030.pdf
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EDHATBARBARA
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2011-11-10 03:37 PM |
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Unless you hire a lawyer to represent you in the whole case, it's unlikely one will prepare the documentation for you.
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COMMENT 231804
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2011-11-10 06:27 PM |
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Simple to you, and probably is, but to a hungry lawyer this is hundreds of billable hours. You can hope for a simple out, but it seems like you have done some bad stuff and somebody is calling you out on it. I don't get sued because there is no reason to sue me.
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COMMENT 231827
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2011-11-10 07:54 PM |
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I always refer those who want to sue me to Arkell v. Pressdram (1971). I never hear from them again.
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COMMENT 231836
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2011-11-10 08:25 PM |
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check with jim hall in lompoc
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COMMENT 231893
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2011-11-11 07:42 AM |
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I am a lawyer. There is a simple form that can be obtained on line or in the court house for filing a "General Denial". It is called GENERAL DENIAL.
There you go. NO CHARGE!!!!
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COMMENT 231942
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2011-11-11 10:32 AM |
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re Arkell v. Pressdram reference (from Wikipedia)
An unlikely piece of British legal history occurred in what is now referred to as the "case" of Arkell v. Pressdram (1971). ... Arkell's lawyers wrote a letter which concluded: "His attitude to damages will be governed by the nature of your reply." The magazine's response was, in full: "We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off." In the years following, the magazine would refer to this exchange as a euphemism for a blunt and coarse dismissal: for example, "We refer you to the reply given in the case of Arkell v. Pressdram".[
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COMMENT 232192
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2011-11-12 09:11 AM |
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231804...You know nothing about me so dont presume anything!! I will guess your dog was not around to kick today so you chose me.
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SB1976
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2011-11-12 02:10 PM |
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I too am an attorney, and as my colleague advised, you can easily obtain a General Denial form online or, for a small fee, from the court clerk's office.
The reason why you will have difficulty finding an attorney to limit his or her services to preparing the General Denial is that what you are asking is similar to breaking your arm and looking for a doctor who is willing to limit the treatment to only a band aid.
(I am assuming here that this is not a small claims court matter, where you probably do not need an attorney).
You may have available to you any number of scores of defenses to the complaint, many of which you may waive by filing a General Denial. Further, there are a number of different ways to respond to a complaint - some of which can, if successful, quickly terminate the action. But no attorney can advise you of the defenses available, or the most effective response to the complaint, without understanding the history of the claim and, possibly, conducting legal research. That takes time and, therefore, money.
Further, the General Denial is only the first step in your response to the lawsuit. It will not end the matter, but in fact it merely "joins the battle". In short, you proceed with the General Denial at your own risk. If the matter is serious (i.e., you are at risk to a money judgment), you should consider the money spent on an attorney as an investment that protects you now and in the future.
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COMMENT 318429
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2012-09-10 05:16 PM |
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recommend a good lawyer when your civil rights have been violated
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MAC44
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2012-09-14 05:10 PM |
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I am looking for an attorney that may provide pro bono advice on a free speech issue in a home owners association.
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