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Below are a few options you can consider: File an answer. The most common way to respond to a complaint is by filing an answer. Negotiate. Being served with a lawsuit does not automatically mean you need to appear in court. Request more information from the plaintiff. Cross-complain. File a motion to dismiss.
This means that the plaintiff (the person or party who initiated the lawsuit) can request that the court enter a default judgment against the defendant. The creditor may then freeze your bank account, garnish your wages, or, if you own real estate, a judgment can result in a lien placed on your real estate.
Ten common sense ways to avoid being sued Maintain good communications. Avoid giving false expectations. Make the client make the hard decisions. Document your advice and the clients decisions. Dont initiate hostilities against the client. Avoid, or handle with care, the borderline personality client.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerks office to file. You will have to pay a filing fee to file your papers.
Insurance companies must settle claims within 85 days of their filling date in California. During these 85 days, the insurance firms have further time limits for acknowledging your claim and deciding if they will accept them or not.
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California Law: How Long an Insurance Company Has to Respond State law says that insurance policyholders are entitled to prompt and timely communications from the insurance company. California gives insurance companies 15 calendar days to issue an initial response after receiving a claim.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerks office to file. You will have to pay a filing fee to file your papers.
Write in the name and address of the person who filed the Complaint against you, or the name and address of their attorney. You can find this on the Summons that you received. At the end, add your address and phone number and sign the answer.
If youre still getting nowhere, try calling the general claims department at your insurance company. They can help you contact your adjuster or tell you he or she is no longer with the company or on the case. If you still dont get any response, contact the adjusters manager.
How to defend a Claim Seek legal advice, even if only to ask about admitting liability and making a reasonable offer of settlement. Decide on who can appear for the Company. Establish whether each of you will need separate lawyers as directors and officers named separately as defendants may be personally liable.

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