SUM-100 Summons

What is the Summons (SUM-100)

The California Judicial Council Form SUM-100, commonly known as the "Summons," is a crucial legal document that marks the beginning of a lawsuit. It serves as the initial notification to a defendant, indicating they are being sued. The primary role of this form is to ensure the defendant is fully aware of the legal action against them and the necessity for them to respond. The SUM-100 form outlines the required steps and deadline for the defendant's response, which is critical for the legal process to proceed fairly and efficiently..

Responding to a Lawsuit 

When a defendant receives a summons (SUM-100 form), it's crucial to respond within the typical 30-day timeframe to avoid a default judgment, which can occur if there's no response. The response must be a formal written document, often an 'Answer' or a 'Demurrer,' disputing or admitting to the allegations, or a 'Motion to Strike,' challenging specific parts of the lawsuit.

It's essential to file this response with the court and serve a copy to the plaintiff or their attorney. The type of response depends on the case specifics and legal strategy. For detailed guidance, consulting a legal professional is recommended.

How to Complete Sum-100 Form

To fill out the California Judicial Council Form SUM-100, follow these steps:

1. Identify the Parties: Enter the plaintiff's and defendant's names as listed in the complaint.
2. Case Number: Fill in the case number as assigned by the court.
3. Court Information: Provide the name and address of the court where the lawsuit is filed.
4. Response Instructions: Read the section outlining how to respond to the lawsuit.
5. Notice to Defendant: This area contains a warning to the defendant about the need to respond.
6. Date, Seal, and Signature: The form is dated and signed by the court clerk, with the court's seal.

Please note, this is a general guide. For specific legal advice and instructions, consult with a legal professional or the court.

Consequences of Non-Response

Failing to respond to a summons within the given timeframe, typically 30 days, can lead to significant legal consequences for the defendant. If the defendant does not file a response, the court may issue a default judgment against them. This means the plaintiff may automatically win the case, and the court could grant the plaintiff the relief they seek, such as monetary damages or other court orders, without hearing the defendant's side.

This default judgment is enforceable, and the defendant loses the opportunity to dispute the allegations or present their case. Therefore, timely response is crucial to protect one's legal rights and interests.