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 answer will depend on whether you are being sued in your individual capacity or as president of the former corporation. In either case, we don't suggest you ignore it. If you fail to answer, a default judgment may be obtained. It is important to file a proper response and/or motion after receiving a summons to avoid having a default judgment entered on your records. A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. An affirmative defense is a defense raised in a responsive pleading relating a new matter as a defense to the complaint. An affirmative defense can contain allegations against statements of facts contrary to those stated in the original complaint. Affirmative defenses may also include, among others, improper party, lack of personal jurisdiction, improper service, statute of limitations, etc.
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.
