Animal Injury, Dog Bite Representing myself: should I request Dismissal or reply with the Answer form?

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California Denizen said:
I see, thank you. I've already informed Plaintiff's Attorney I am judgment proof, via email last Friday. He has not replied, yet. Is an email sufficient, or should I also send him a certified letter to that effect? I don't want to go on record as simply ignoring the summons. (I did sign and send my Acknowledgment of Receipt before the deadline.) My email to him is saved on my Gmail account, as well as backed up via an email client on my main system, and on cloud storage...so I have proof I sent it.
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I don't know what you expect the attorney to do with this information. If you do not file an answer to the complaint, it costs him very little to get a default judgment against you. Don't wait for him to respond, file your answer.
 
doucar said:
I don't know what you expect the attorney to do with this information.
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I don't know either, and no resource in the law library I went to, nor any online legal site, gives any instructions regarding declaring yourself Judgment Proof AND filing an Answer. One attorney (who is not handling my case, but offered some advice) said that, since I'm Judgment Proof I really don't have to reply, or do anything else. And that's why I'm here, with my question, to get other opinions.

If you do not file an answer to the complaint, it costs him very little to get a default judgment against you. Don't wait for him to respond, file your answer.
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I am going to a free legal counsel clinic tomorrow, where you have a 20 minute session to get questions answered, and help with filling out the proper form(s). This is cutting it close, since after tomorrow, I have only five days before the deadline to reply. This free counseling service is only on the third Friday of every month, so I couldn't see them any earlier. I will use the weekend to make two copies of all papers required, so I'll be ready to move fast on Monday.

If I understand the rules, the next step after filing my Answer is both attorneys discussing mediation (over the phone probably), I think two or more weeks in advance of the mediation (scheduled for August 23rd). But since I'm representing myself I guess Plaintiff's Attorney will be speaking with me...which I find rather weird and downright awkward.

The Answer form PLD-PI-003 only wants me to list the numbers of the complaints that I am denying, but no explanations for why I'm denying (if I understand correctly). Will mediation allow me to present why I'm denying certain complaints, or will that still be on hold?

And, can I DENY Plaintiff's claim for supposedly needing rabies shots, on the grounds that it was not necessary, and that the building manager should have shown him proof, as he requested evidence of rabies shots for both dogs via texting me. Which I sent him a few minutes later (via texting) as snapshots of the papers AND the tags. Not that I believe the Plaintiff was bitten, but because the manager (or anyone else for that matter) has the right to ask for proof of updated rabies shots at any time. So, would the rabies shot complaint go under the heading "DENIES , ON INFORMATION AND BELIEF?"

And can I likewise deny his claim for trauma under that same heading, based on it being an exaggerated claim?

Thanks for your helpful reply, BTW. Oh, one more thing:

My landlord's attorney dismissed the eviction case against me, as of two days ago. Which ties in with the dog issue. The complaints were either trivial or frivolous, which my own attorney told me. Landlord's attorney agreed with her, and wished for the Landlord to just drop it, rather than sit upon it after failing to reply on time. I had to wait almost ten months for this predictable outcome, but it may help in my defense regarding another Plaintiff's attempt to sue me.
 
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The Answer form PLD-PI-003 only wants me to list the numbers of the complaints that I am denying, but no explanations for why I'm denying (if I understand correctly). Will mediation allow me to present why I'm denying certain complaints, or will that still be on hold?

I don't know either, and no resource in the law library I went to, nor any online legal site, gives any instructions regarding declaring yourself Judgment Proof AND filing an Answer.

That is because being judgment proof is not a legal defense and is not raised in any answer. You simply admit or deny the allegations in the complaint, preferable deny. The reasons may come up on the mediation.

Good luck Friday.
 
California Denizen said:
My landlord's attorney dismissed the eviction case against me, as of two days ago. Which ties in with the dog issue. The complaints were either trivial or frivolous, which my own attorney told me. Landlord's attorney agreed with her, and wished for the Landlord to just drop it, rather than sit upon it after failing to reply on time. I had to wait almost ten months for this predictable outcome, but it may help in my defense regarding another Plaintiff's attempt to sue me.
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Here is the easiest way to file your "general denials".
You do that to ensure the burden of proof rests with the plaintiff.

https://selfhelp.courts.ca.gov/jcc-form/PLD-050
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army judge said:
Here is the easiest way to file your "general denials".
You do that to ensure the burden of proof rests with the plaintiff.

General Denial | California Courts | Self Help Guide
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Okay, thanks. I already checked that document out a few days ago, and it says:

If you want to file a general denial, you MUST use this form if the amount asked for in the complaint or the value of the property involved is $1,000 or less.
You MAY use this form for a general denial if:
1. The complaint is not verified; or
2. The complaint is verified and the case is a limited civil case (the amount in controversy is $25,000 or less),
BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.

The complaint is for more than $25,000 but is NOT verified, and is NOT assigned to a third party. So I'm good to go, using this form? TIA

BTW the American Bar Association answers up to five questions per year, via an online form, where a legal counsel is assigned to you. I asked them the same questions I'm asking here, basically, and waiting on their response. In addition I will attend the LARC (Legal Advice and Referral Clinic) workshop tomorrow afternoon, where they give free legal counseling in a 20 minute session. It's sponsored by the Bar Association of San Francisco.
 
Okay, I found a page that says I should deliver my Answer, in spite of being judgment proof. Using the right phrase in my search engine finally got me there. But that page, and all others I found dealing with the same issue, have to do with credit card debt, not personal injury:

https://www.avvo.com/legal-answers/should-i-answer-a-summons-and-complaint-if-i-m-jud-2246415.html

And nowhere in the Answer form is there a place to claim Judgment Proof. My waiver of all court fees would be proof, but can I enclose a copy of that with my Answer? Say, as an attachment? I hope my question don't come off as stupid, but this is a big learning curve for me, in a very short time. TIA
 
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army judge said:
Here is the easiest way to file your "general denials".
You do that to ensure the burden of proof rests with the plaintiff.

General Denial | California Courts | Self Help Guide
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Where it says "generally denies each and every allegation of plaintiff's complaint:"

I thought (after perusing the Answer form) that allegations also include my address, plaintiff's address and other basic statements that aren't really charges against me. And on the answer form I am to "admit" such statements...and "deny" those with which I question or disagree. Or am I reading this wrong?

Or does the line below it (in General Denial), which has a box to tic off, allow me to deny just those claims I disagree with, or question? Which is this:

"DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff's complaint (attach additional pages if necessary):"
 
California Denizen said:
Where it says "generally denies each and every allegation of plaintiff's complaint:"
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That, if done correctly, will complete the DENIAL issue.

By the way, you need NOT prove you didn't do anything.

The plaintiff is tasked with PROVING the allegations.

You can DENY, sit back and smile.
 
army judge said:
Forget ANYTHING until you've DENIED EACH AND EVERY ALLEGATION, which is called a GENERAL DENIAL.
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Will do, thanks. I'll get all my papers (two copies plus the original) ready over the weekend, and bring them to the clerk on Monday to file and register them, then have someone deliver my General Denial to the Plaintiff Attorney's office. It says in the General Denial: "DEFENDANT states the following FACTS as separate affirmative defenses to plaintiff's complaint (attach additional pages if necessary)."

Is this where I can briefly deny each allegation, or does it mean something else?

Re. Proof of Delivery form POS-040: I thought delivery requires someone do that for you, who isn't involved in the case? But the Proof of Delivery form shows a list of options, one which says I delivered my reply personally. Another option says I sent it via mail from a post office.

Re: Fee Waiver FW-001: I presume showing the clerk either my EBT or Medi-Cal card will suffice. Is that correct? This waiver expires in 60 days, but the court date (if any) has not been set.

Mediation (Case Management) is set for August 23rd. Is that even relevant for me, because it seems to be all about negotiating the amount for which I am being sued. But I'm judgment proof. And I don't think it has anything to do with defending my reasons for denial.

I'll be going to LARC, the free legal clinic tomorrow afternoon. But I'll have only 20 minutes counseling! So whatever I learn before then (including on this site) will help expedite my questions to them. TIA
 
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Frankly, the questions you are asking go beyond the scope of what an online forum can provide for you. If you can't figure it out, you need an attorney.
 
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