No pain, no gain

Have you ever wondered why Hitler had that funky little mustache?  I was wondering that today as I started shaving.  See, I was sick for a couple days and hadn't shaved.  When that happens, the hairs on my face grow a bit long and since I'm too cheep to buy a new razor, it can really hurt when I start to shave my chinny chin chin.

So, picture it, Hitler comes in from days on the front line and starts to shave.  I can imagine the pain he's feeling having to shave with a knife or an old Schick blade.  OUCH!  Then he gets to that part just under the nose annnnnnnnd says "der Teufel mit diesem Mist, Ich werde es einfach herauswachsen lassen!"  And thus was born the funky little mustache we all know and love.

Of course, this got me thinking about all the painful/scary things people do (or choose not to do) in law.  Like not responding to a complaint when they get served process (i.e. notice that you are being sued).  As painful and scary as anything legal is, I know if I were served a summons and complaint that I would at least take a few minutes to read that opening announcement on the front of the summons, to wit:

NOTICE!  you have been sued. The court may decide against you without your being heard unless you respond within 30 days.  Read the information below.  You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff.  A letter or phone call will not protect you.  Your written response must be in proper legal form if you want the court to hear your case.  There may be a court form that you can use for your response.  You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you.

While the the notice painfully goes on and on and on, there are a few things of import right up top that should be pointed out, like:

1. What does "The court may decide against you without your being heard unless you respond within 30 days" mean? Actually, there are two issues here.  First, if you don't respond to the complaint (see #2, below), court may enter a default against you if the filing party (i.e. plaintiff) filed a Request for Entry of Default with the court (before you file your response (again, see #2, below).  As to the second part, "respond within 30 days," this means that you have, count them, 30 days from the day you were served to file a response.  Not 31, not 3,001.  Thirty.  If you go to your local county law library and say I was served this notice 31 days ago, can I still file a response?  We will direct you over to California Code of Civil Procedure § 412.20 to help you answer that question.


2. What does "file a written response at this court and have a copy served on the plaintiff" mean? There are a number of ways to respond to a complaint. You could file a General Denial using form PLD-050.  If you were sued for Breach of Contract, you could respond using form PLD-C-010.  If you were sued for a Personal Injury matter, you could use form PLD-PI-003.  If you were sued for Unlawful Deteiner you could use form UD-105.  Of course, for each type of action, you're going to also want to explore and declare any related Affirmative Defenses.  Other ways to respond to a complaint might include filing a Counterclaim, a Demurrer, a Motion to Strike, a Motion to Dismiss, or maybe even a Motion for Summary Judgement.  Most probably.  Can't be absolutely sure.  You might want to talk to an attorney to be 100% sure.  After you draft your response, you need to file the originals with the court AND deliver a copy of your response on the plaintiff.


3. What does "A letter or phone call will not protect you" mean? It means that IF instead of filing a response you called or sent a letter to the person suing you and asked that they not sue you and you think that that's the end of things, it's not and you are still on the hook (because the plaintiff still wants their money). Even if the plaintiff were to say, "Sure, I won't sue you," don't believe it because they'll say anything to keep you from protecting yourself (like by filing a response).


4. What does "Your written response must be in proper legal form" mean?  It means that you must format legal documents based on the rules of court.  In California, those rules can be found in California Rules of Court 2.100 et seq.  If you are reading this and are in a state other than California, then Google your rules of court by typing: "[state name] rules of court pleading format" (without the quotes).


5. What does "There may be a court form that you can use for your response" mean?  It means that Californians do love their litigation.  So much so that the Judicial Council of California created cheat sheets based on the California codes to help people do all things legal.  Whether you're filing a lawsuit, a motion, an appeal, an injunction, or just changing your name, the Judicial Council forms help people quickly deal with many (but not all) legal issues.  Just check the box or fill-in a blank and you're on your way.  If you're not in California, you'll probably have to create your own form using codes and the Rules of Court for your state or jurisdiction (see #4, above).


6. What does "You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you" mean?  It means if you go to the website, you have a 50/50 chance of finding something.  If you go to the courthouse, they may give you some suggestions but they will NOT give you any forms.  If, however, you go to your county law library, the Librarians will scramble over themselves to help you find whatever it is you are looking for.  We can't tell you want to do with it, but we can help you find resources that can.

So, how painful was all that?  Yeah, a bit scary, but everything new is scary. The thing to remember is that you can figure all this out on your own. 

Of course, if you want to alleviate some of your angst and know that you're getting pointed in the right direction, you can always just hit up your local county law Librarian to help you find resources to help answer your most pressing legal research questions.

Yeah, that's what I would do.