CanI respond to an out-of-statesummons by letter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI respond to an out-of-statesummons by letter?
Or will the case automatically go to the plaintiff if I do not show up? By way of background, the plaintiff was ticketed for turning left onto oncoming traffic. Hit my car so hard that it flipped twice. My car was totaled. Now she is suing me in small claims court for $3700 for damage to her car. I live in AZ, the accident occurred in I. She did not have insurance, but told the police that she did. My insurance paid for the loss of my car but none of the expenses which occurred as a result of the accident (items lost in the wreck and cost of rental car). I felt the poor woman had no money so did not pursue those costs from her. My insurance company is trying to collect.
Asked on August 8, 2011 Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A summons is actual legal process--you can't just respond to it by a letter. At a minimum, you *must* come to court on the day indicated--if you don't, you will lose by default regardless of the facts. In other courts (not small claims), you would have to file an actual "answer" with the court, where you can set out defenses, and serve it on the plaintiff (person suing); you'd also have the chance to try to knock the complaint and case against you out with a motion to dismiss or motion for summary judgment; however, typically you don't have those options in small claims court, and your only choice is to either show up and contest the matter or accept the default judgment against you.
If you have liability insurance, you should refer this matter to your insurer, which has an obligation to defend you (even in small claims court); otherwise, with $3,700 at stake, you wish to consider hiring your own attorney. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.