Full question:
I was served recently by a person who has an asbestos case against numerous companies. He is suing me when I was the owner of a corporation which was disolved in 1992. Do I need to do something with this summons. I had a small business but I'm not longer the president of the corporation which doesn't even exist anymore. Should I just ignore this?
- Category: Civil Actions
- Subcategory: Summons
- Date:
- State: California
Answer:
The response you need to take depends on whether you are being sued personally or as the former president of the dissolved corporation. Regardless, it is crucial not to ignore the summons. Failing to respond could lead to a default judgment against you.
A default judgment occurs when a party does not take necessary action in the case within the required time frame. This typically means not filing a response or defense. If you do not respond, the court may assume you admit to the allegations, resulting in a judgment against you.
You should file a proper answer to the complaint. An answer is a legal document where you admit or deny the claims made against you. If you cannot admit or deny a claim due to lack of knowledge, you should state that. You can also raise defenses, known as affirmative defenses, which can include issues like improper party, lack of personal jurisdiction, improper service, or statute of limitations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.