what if i'm sued in california and can't afford a lawyer

If you can’t afford an attorney, here are some strategies to try: Contact the city courthouse. Seek free lawyer consultations.

Full Answer

Can I sue someone if I don't have a lawyer?

They will probably not be able to help you if you want to sue someone because of a car accident for example (unless you are filing in small claims court, since some legal aid programs do help with small claims cases). But if you need a lawyer and cannot afford one, it is always a good idea to try to get help from a legal aid agency in your area.

What if I Can’t afford a lawyer?

If you are being charged with a crime and you cannot afford a lawyer, you may qualify for free help from your local public defender’s office. Usually, the court will refer you to a public defender.

Can you file an answer to a lawsuit?

You can file an answer or a general denial You can file an answer to respond to the plaintiff’s complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true.

What should I do if I am sued by a company?

When you are sued, you first need to decide whether you are going to respond to the lawsuit. If you choose to respond, you have to make sure you do it within the deadline, and you have to decide how you are going to respond. This is a really good time to talk to a lawyer for advice on whether to respond and, if so, how to best handle your case.

What happens if you don't pay a lawsuit in California?

The court will not collect the money for your creditor, but if you do not pay voluntarily, the creditor (the person you owe money to) can use different enforcement tools to get you to pay the judgment. You should pay the judgment against you as soon as it becomes final.

What happens if the person being sued has no money?

The creditor will get post-judgment interest on any part of the debt not paid back right away. If you don't pay the creditor, they can take steps to collect the money from you. This is called enforcing the judgment.

What is the maximum amount you can sue for in civil court in California?

In California, an individual can collect up to $7,500 in small claims court, while corporations and limited liability companies are still limited to $5,000. Keep in mind that the cost of hiring an attorney and spending time in civil court can quickly exceed such limits.

How do you answer a summons without a lawyer?

Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).

Can you go to jail for a civil lawsuit?

Civil law also settles disputes between individuals and organisations. If you are convicted of a civil offence, you are not likely to be sent to prison, but most often will become liable for compensation.

What assets can be seized in a lawsuit?

Properties a creditor can seize include tangible assets, such as vehicles, houses, stocks, and company shares. They can also include future assets a debtor expects to receive such as commissions, insurance payouts, and royalties. The attorney questioning you will very likely discover these assets.

Can you sue someone with no money?

You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.

How do I prove punitive damages in California?

Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing evidence that the defendant in their case is guilty of: Oppression. Fraud, or. Malice.

How much does it cost to file a civil suit in California?

Filing FeesClaims for $1,500.00 or less$30.00Claims from $1,500.01 to $5,000.00$50.00Claims from $5,000.01 to $10,000.00$75.00Persons or Business who have filed more than 12 claims in CA in the previous 12 mos.$100.00Service of Documents by Certified Mail$15.00 (per defendant) [Fee waiver does not cover]6 more rows

How do I respond to a summons for debt in California?

There are three steps to respond to a complaint.Answer each issue of the complaint.Assert affirmative defenses.File the answer with the court and serve the plaintiff with answer.

Can you get a court summons in the mail?

When you're summoned to come to court, that is basically your notice that a criminal case has been filed against you. And, you're usually served with a summons by a Constable or you may receive the summons in the mail, certified mail.

Does a summons have to be served in person?

When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.

What to do when you are sued?

When you are sued, you first need to decide whether you are going to respond to the lawsuit. If you choose to respond, you have to make sure you do it within the deadline, and you have to decide how you are going to respond. This is a really good time to talk to a lawyer for advice on whether to respond and, if so, how to best handle your case.

How to raise a defense in a lawsuit?

The only way to raise this defense is by filing a formal response. For example, if you tried to arrange a payment schedule with the creditor but you were refused, and now you are being sued for attorney’s fees and court costs in addition to the principal amount you owe, the only way to tell the court that you should not have to pay the costs of the lawsuit is by filing a response and raising the defense in your response. If you do not file a response, the party suing you (the plaintiff) can get a judgment against you for the full amount requested in the lawsuit and you will not be able to tell the court why you do not owe it.

Why do defendants file a response?

Sometimes defendants file a response if they think that the plaintiff cannot prove the case. The plaintiff has the initial burden to prove you owe the money. If the plaintiff cannot prove that there was a contract, or that you made certain charges, you may win the case because the plaintiff cannot prove what it alleges in its lawsuit. This may be true in cases where a loan was transferred from one bank to another, then to a collection agency, and the paperwork has been lost. If you are not able to get copies of the documents that support the plaintiff’s claim that you owe money, and you believe the plaintiff has no proof, filing a response will allow you to ask the court to get the plaintiff to show the proof.

What does it mean to file a demurrer?

By filing a demurrer you are saying that even if the complaint is true, there is no valid legal reason for you to be responsible for what the plaintiff claims you owe, and therefore you should not have to answer the lawsuit. Note: Sometimes by filing a demurrer you may be admitting that what the plaintiff says is true.

What is an answer to a complaint?

You can file an answer to respond to the plaintiff’s complaint. An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation.

How long do you have to respond to a credit card lawsuit?

Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit.

How long do you have to serve a response to a lawsuit?

You can also serve a copy of your response BEFORE you file the original with the court. Either way, make sure you file your response before the 30 days are up! To serve the plaintiff with a copy of your response, have someone 18 or older (not you and not involved in the case), mail a copy to the plaintiff.

What to ask a lawyer about divorce?

A good lawyer can also suggest things you’ve never thought of. Should you demand that your spouse buy you health insurance? Can you write into the divorce that she or he will pay for the kids’ college tuition? Some spouses have gotten these items. Others have gotten a lump sum to spend on career training so their ex won’t have to pay alimony forever. Particularly if you have kids, you don’t want to end up with too little money to give them the best start in life. And you deserve consideration, too. Don’t let feelings of depression or grief distract you from the reality of the situation.

What can a lawyer advise you on?

A good lawyer can advise you on the highest reasonable amount of support and property division to ask for, and also tell you the least you should accept. Take support: you may think a certain amount sounds great right now, but you have no idea how much the cost of living may skyrocket in the next few years.

How to deal with financially disadvantaged spouse?

The financially disadvantaged spouse really needs to be as aggressive as possible. I’m not talking about asking for the moon and making the divorce as difficult as possible because you’re angry. A good lawyer can advise you on the highest reasonable amount of support and property division to ask for, and also tell you the least you should accept. Take support: you may think a certain amount sounds great right now, but you have no idea how much the cost of living may skyrocket in the next few years. If that happens, getting an upward modification of your support would involve yet another trial and more costly litigation. It’s better to get everything ironed out up front – then you can truly move on.

What does "cheap legal aid" mean?

Cheap legal aid generally means kids fresh out of school who lack experience. This is fine if you’re having a friendly divorce where no one’s bitterly trying to take the other person to the cleaners. But if your wealthy spouse has suddenly decided you don’t deserve enough to live above the poverty line, you need better representation. Why limit yourself, when there’s a legal remedy for your situation?

What to consider when a judge is looking at support?

In most states, when a judge is looking at support, the top considerations are: what the paying spouse can afford and what the paying spouse needs. They try to be fair to everyone, but if your spouse does a good job hiding things, you will need a good lawyer.

Do I have to pay a lawyer for a short hearing?

The lawyer will still require you to pay something – at least enough so you can cover the cost of this short hearing. But this will be a lot less than the overall fees. This also sometimes applies to modification suits (i.e., when your spouse sues to reduce the spousal or child support you were awarded in the divorce).

Can my spouse afford to hire a lawyer?

Your spouse can afford to hire the best legal team, and seems interested in seeing you in the poorhouse. You literally can’t afford to hire any lawyer. You don’t even have a credit card that’s strictly in your name. You helped put your spouse through school.

What to do if you can't afford a lawyer?

But if you need a lawyer and cannot afford one, it is always a good idea to try to get help from a legal aid agency in your area. Just do not be discouraged if they cannot help you.

Why is finding a lawyer so difficult?

Finding a free or low-cost lawyer is difficult because there are a lot of people who need lawyers but cannot afford them. Here are the main groups that may be able to help you: Court-based self-help services. Legal aid agencies and other non-profit groups. Government agencies.

What is prepaid legal services?

You may belong to a prepaid group legal services plan through your employer, your union, or your credit union. in general, most basic plans provide legal advice and consultation by telephone and may also include brief office consultations, review of simple legal documents, preparation of a simple will, discounts on legal services through a network of lawyers, access to a database of legal forms and documents, and short letters written or phone calls made by a lawyer to an adverse party. Check to see if you belong to a plan.

What is a lawyer referral?

Lawyer referral services help people find lawyers. They can tell you about free or low-cost legal services in your area for people who qualify. If you do not qualify for free help, they can give you other information to help you find legal help that does not cost you a lot of money.

What is self help in California?

Court-based self-help services. All California superior courts have some legal help available to people who do not have lawyers and are representing themselves. Because there are many types of services and information to assist you in getting help from your court, we have created an entire section just for court services.

What happens if you don't have a public defender?

If the public defender cannot take your case or if there is no public defender in your area, the court will usually appoint another lawyer to represent you for free. Find the public defender for your county.

Is there a legal aid office in California?

There are legal aid offices in many cities throughout California. Legal aid agencies are non-profit organizations that provide free legal services to people below a certain income level. Before you can get help from a legal aid agency, you usually have to qualify for their help based on your low income. Because there are so many people in need of legal help, your income has to be fairly low to qualify.

What to do if you don't have a lawyer?

Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer? Hardly.

What happens if you can't afford legal assistance?

In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative.

How to get free legal consultation?

Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for. You might also be able to get some direction as to who can help you for free or a bargain basement price.

What happens if you lose a pro bono case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you.

What law schools offer free legal advice?

Many law schools have pro bono programs in which law students can offer free legal advice. Some of the schools that have such programs include American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.

What is lawhelp.org?

You can find more ideas at LawHelp.org, a nonprofit aimed at connecting people with low and moderate incomes to free legal aid programs in their communities.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.