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  1. #1

    Default What Happens After I File an Answer to a Lease Lawsuit

    My question involves collection proceedings in the State of: California (Orange County)

    I was served and I am about to file an answer to the lawsuit. After I file the answer do I get a court date? Is there another step?

    This is for an equipment lease, so do they still get to take the equipment even though I filed?

  2. #2
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: What Happens After I File an Answer to a Lease Lawsuit

    You also have these possible options: 1) ask for a revision (if you dont understand something) 2) motion to strike (part or all the complaint) and 3rd) motion to dismiss ... must do 1st or 2nd before answering. Or you can simply answer the complaint. But there may be things you want to/better for you to strike ... so check this out well.

    After you file an answer discovery begins (can begin after filing complaint in theory) .... then case management hearing at some point & then judge will assign a trial date...you have months before a trial date is set.

  3. #3
    Join Date
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    Default Re: What Happens After I File an Answer to a Lease Lawsuit

    The exact procedure will depend upon the court in which you're sued - different courts follow different procedures. If you file an answer (and affirmative defenses and/or counterclaims) in a regular trial court, you can expect that the court will schedule a hearing (e.g., a pretrial) to gather information necessary to prepare a scheduling order for the case.

    I cannot see the complaint from where I'm sitting and thus don't know if they're asking that the court order the leased items returned to them pending the conclusion of the litigation - are they?

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