現在發現了更大的問題. 昨天給律師朋友(其實是我同事的老婆)看我們收到的文件是她說是Entry of default judgment.今天她再看了一下,說錯了,是default judgment. 更難辯護了.
而且網上有人提醒我收到的Summons是法院給出的文件不是律師函,如果真是的話.
這個朋友真是耽誤了我啊. 在她家呆了兩小時竟然連這個都沒搞清楚.
可是如果是法院給出的文件, 為什麽沒有出庭通知呢? 落款都是對方的律師啊. 然後Complaint 裏麵也沒寫要多少錢. 再說文件簡直就是舊式打印機打的,看起來太不正式了.
現在要解釋還來得及嗎? 她現在要給我介紹一個丟了工作的律師. 我都不知道怎麽回事. 越來越不信任她了. 我該怎麽辦? 現把Summons抄錄如下:
In the Superior court of the state of *** in and for *** county
****, an individual, plaintiff, vs. ***, *** as individuals, and as a marital community defendants
Summons(20/60 day)
To the defendant(s): Plaintiff, *** has started a lawsuit against you in the above-entitled court. Plaintiff's claim are stated in the written Complaint, copies of which were served upon you with this Summons.
In order to defend against this lawsuit, you must respond to the Complaint by statint your defense in writing and serve a copy upon the person signing this Summons within 20 days after the service of this Summons, excluding the day of service (or 60 days if served outside of the State of ***), or a default judgment may be entered against you without notice. A default judgment is one where the Plaintiffs are entitled to what is aksed for because you have not responded. If you served a notice of appearance on the undersigned person, you are entitled to notice before default judgment may be entered.
You may demand that Plaintiff file this lawsuit with the cout. If you do so, the demand must be in wirting and must be served upon the Plaintiff. Within fourteen days after you serve the demand, the Plaintiff must file this lawsuit with the court or the service on you of this Summons and Complaint will be void. -Can I still demand him to file this lawsuit with the court since no deadline is stated in this paragraph?
If you wish to seek the advice of an attorney in this matter you should do so promptly so that your written response, if any, amy be served on time.
This Summons is issued pursuant to Rule * of the Superior Court. Civil Rules.
Dated **/**/**
Attoney at law
Address: ****
Judgment of Default - continued on 沒及時回複房東的律師函導致Order of default
所有跟帖:
• You need to talk to a litigator -CyberCat- ♂ (256 bytes) () 11/10/2009 postreply 15:15:35
• This summon is from the plaintiff. -CyberCat- ♂ (326 bytes) () 11/10/2009 postreply 15:19:22
• oops, the plaintiff is allowed to move for default judgment -CyberCat- ♂ (0 bytes) () 11/10/2009 postreply 15:25:39
• 回複:Judgment of Default - continued on 沒及時回複房東的律師函導致Order of defa -N.- ♀ (299 bytes) () 11/10/2009 postreply 22:24:51