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Answering To A Summons As A Married Couple

Discussion in 'Civil Court, Procedure & Litigation' started by Jay33, Dec 4, 2013.

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  1. Dec 4, 2013 #1
    Jay33

    Jay33 Law Topic Starter New Member

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    Hello community. My wife and myself have been served. We were served at different dates at our place of business.

    When she got served two days later I got served, same case number.

    So yesterday I told my wife to go to the court and get the form(s) to respond to that summons.

    She spoke and showed the summons to the lady/clerk about our case and she handed a form to my wife saying that in that form she will need to write both of our names, extra info, etc. etc. BUT that we need to pay twice since is my wife and I. For each person is around $450. So according to the lady is around $900 bucks

    So my questions are:


    Do we have to pay twice even when married?

    What if I just respond to the summons and my wife doesn't, does the plaintiff gets still a default on us?


    Thanks in advance.

    Jay
     
    Last edited: Dec 4, 2013
    Jay33, Dec 4, 2013
    Jay33, Dec 4, 2013
    #1
  2. Dec 4, 2013 #2
    Proserpina

    Proserpina Moderator

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    Yes, because you're actually submitting two answers (responses) to the suit.

    What is this suit for? It can make a difference if it's a debt (and what the debt is for) versus family law.
     
    Proserpina, Dec 4, 2013
    Proserpina, Dec 4, 2013
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    Jay33 likes this.
  3. Dec 4, 2013 #3
    Jay33

    Jay33 Law Topic Starter New Member

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    It is for property damages that we didn't have nothing to do or did. They asking more than 40,000 in damages plus a 7% for their attorney fees.

    The lady/clerk gave my wife only ONE form PLD-050 wich is a General Denial form.
     
    Jay33, Dec 4, 2013
    Jay33, Dec 4, 2013
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  4. Dec 4, 2013 #4
    Betty3

    Betty3 Super Moderator

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    It seems if you both received a summons, you both would have to reply/answer even if it's on the same form. I can see charging each of you since it is two replies (just on one form).
     
    Betty3, Dec 4, 2013
    Betty3, Dec 4, 2013
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  5. Dec 4, 2013 #5
    Jay33

    Jay33 Law Topic Starter New Member

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    Thanks for your reply/help.


    So I can either give the lady/clerk one form with both of our names on it or Two seperate ones right?
     
    Jay33, Dec 4, 2013
    Jay33, Dec 4, 2013
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  6. Dec 4, 2013 #6
    Betty3

    Betty3 Super Moderator

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    You can ask the court clerk but I don't see why you couldn't do either. I probably would go with the one form.
     
    Betty3, Dec 4, 2013
    Betty3, Dec 4, 2013
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  7. Dec 4, 2013 #7
    Proserpina

    Proserpina Moderator

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    For over $40k, you seriously need to consider an attorney.

    That's no small change.
     
    Proserpina, Dec 4, 2013
    Proserpina, Dec 4, 2013
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  8. Dec 4, 2013 #8
    Jay33

    Jay33 Law Topic Starter New Member

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    I hired one when we were back and forward but he end up saying well im not an expert on this field... yea after he took $3,000 out of me. Then i get sued, so I feel I dont want to call them to say "hey I got served like you said" then pay him another 3k
     
    Jay33, Dec 4, 2013
    Jay33, Dec 4, 2013
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  9. Dec 4, 2013 #9
    Proserpina

    Proserpina Moderator

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    I'm assuming there is more than one attorney local to you.
     
    Proserpina, Dec 4, 2013
    Proserpina, Dec 4, 2013
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  10. Dec 5, 2013 #10
    Betty3

    Betty3 Super Moderator

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    Jay33, that is a lot of money. It might be worth it to at least talk to another attorney. Good luck.
     
    Betty3, Dec 5, 2013
    Betty3, Dec 5, 2013
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  11. Dec 5, 2013 #11
    army judge

    army judge Super Moderator

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    OP, you'll be paying $1,000 just to file a denial.
    You seriously need to reconsider what you're going to do.
    I'd talk to 3-4 local,masters. The initial consult is free of charge.
    You might also investigate if you can file as a pauper, if your finances are shaky.
    Going barefoot (filing pro se), when the plaintiff has what seems like a solid lawyer probably won't end well. These guys look like they mean business. That lawyer (their lawyer) is looking for YOU to pay his fees.
    You should consider ALL options.
    If they prevail, they'll probably come after any assets you have.

    This is a property damage suit, so if you have homeowners or other liability insurance, you might wish to get them involved.
     
    army judge, Dec 5, 2013
    army judge, Dec 5, 2013
    #11

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