Recieved a letter in the mail about a summons . Went to the county website and read what I posted below.
Viewed Date Action Text Disposition Image
04/23/2015 1:30 PM DEPT. T1 HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO FILE DEFAULT JUDGMENT PURSUANT TO CRC 3.740 (TEMECULA).
How do I respond to this without a lawyer.
Dan
This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.
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I am also not a lawyer, but am in the legal field. If you are not the plaintiff, you do not have to respond. It is an issue the court has with the plaintiff, not you(assuming you are the defendant). Do keep an eye on the case via the website because if the plaintiff continues with the suit you may need a lawyer very soon.
To know for certain you were not named as the plaintiff – check to see where your name falls. The name(s) after the v. is always the person in the defense position and the first name(s) listed is the plaintiff. Plaintiff v. Defendant or Plaintiff, Plaintiff, Plaintiff v. Defendant. If you are after the v. you are the Defendant.
I agree with Damon, I also do not know much about law, but if you were not served, you have to be given a chance to respond,once you are aware of the situation. you can google an online lawyer, or defend yourself in court, just make sure you have proof of whatever your financial situation is, like your current payslip, income and expenditure
Hello Dan, I am not an attorney and cannot offer legal advice. However what you are describing sounds to me like a lawsuit was filed against you (assuming you are not the plaintiff), at some point. You never responded (you may have never been served) and the plaintiff never put in a motion for a default judgment.
So the court is basically telling the plaintiff that they should have filed a motion for a default judgment and is giving them the opportunity to do so or have the case dismissed with sanctions possibly entered.