How would I file an Answer to a legal summons?

I received a legal summons from Arrow Financial. The summons states that I must file an answer in order to keep my case from getting an automatic judgment against me. I have 30 days to do this. The county clerk told me that I must know the correct form number that I need and to go to the county courthouse to file it.
I want to file an answer and at some point dispute the amount I am being sued for. But...what is an Answer?
And no, I can't just type up a generic letter and dispute the summons, it has to be a legal form from the courthouse.
I reside in CA.
CAN SOMEONE PLEASE HELP ME?
Additional Details
I am unable to use the General Denial form because the amount is for 2, 500 and I am being sued by a third party collection agency.

Ira01

The courthouse employees are prohibited from providing legal advice.

This answer should not be construed as providing legal advice to you. I am not your lawyer.

California Judicial Counsel forms are are available at: http://www.courtinfo.ca.gov/forms/. I assume that your case was filed in the limited jurisdiction civil court (not small claims)? Is the complaint against you verified (there will be a verification under penalty of perjury that the facts stated therein are true)? If not, it seems like you could use the general denial. If the complaint is verified, then you need to answer each allegation in the complaint. You can, but need not, use a "form." In most litigation, answers are specifically prepared pleadings, not a form. Of course you have to comply with all of the form and format requirements for pleadings, or the clerk will probably refuse to file it.

If the complaint against you is based on breach of contract, there is a form answer for that: http://www.courtinfo.ca.gov/forms/fillable/pldc010.pdf. Pretty much everything in the complaint that you don't specifically deny will be deemed admitted. Go through the complaint paragraph by paragraph and admit the things that are true (typically your identity, your residence, perhaps some of the details of the underlying transaction, etc.), and deny the things that aren't. Things that you aren't sure about, you can deny based on your lack of information.

Keep in mind that you have to plead any affirmative defenses or you might be deemed to have waived them. Some affirmative defenses are lack of jurisdiction over your person (perhaps if you aren't a California resident), improper venue (the county and/or courthouse in which the action was filed), statute of limitations (the plaintiff waited past the legal time limit to sue you), waiver and/or estoppel (the plaintiff waived (excused) your lack of performance, or is legally prevented from complaining about it), fraud, mistake, etc.

Good luck.

raelene42654

Go to the court house and show them the summons and ask them to provide you with a proper form to provide an Answer. Ask them where you file the response and don't take I don't No for an answer. The court issue's the summons and should be able to direct you in your legal rights to respond.

betotron don

contact a lawyer asap...advice in my opinion is in order and $ well spent!

Dynasu

Even if you do not find the proper forms, absolutely do not miss that court date. If you miss the court date you will be given an automatic judgment. If you are going to do it pro se (no attorney) Type up the caption that was used on the Complaint that should have been attached to the summons. Put a Title on if of Answer to Complaint of Petitioner. Look at the complaint to get an idea of how it is worded and take what you are responding to from their pleading. You must sign it and you can mail it to your Circuit Court.
In Indiana we have a pro se website that will help you with forms, etc. You might want to try that.
JUST DO NOT MISS THAT COURT DATE, even if you have to ask for a continuance.

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