sadinca

I'd wait for their response to your book before you serve your answers to their discovey questions.

Your answers are due what date? You are allowed 30 days to answer plus five days for mailing. Plaintiff should serve their answer your request within 10 days plus five days for mailing? What date are is the answer due in the mail?

as far as Affirmative defenses go, i would include Statute of limitations if the alleged debt is anywhere near SOL; in this case it does not appear to be. you should assert Failure to pursue Alternative Dispute Resolution if you want to go the Arbitration route. "Failure to Pursue Alternative Dispute Resolution (ADR) You may use this defense if the person suing you failed to request mediation or arbitration as required before filing a lawsuit. CAUTION: If you think this affirmative defense applies to you, and you want to enforce an arbitration clause in the contract which is the subject of the lawsuit, filing an answer alone, without filing a petition to compel arbitration at the same time, may cause you to waive your right to have the dispute resolved through arbitration. You can get a form for filing a petition to compel arbitration from the court’s Self-Help Legal Access Center." if you decide to go the court route, google California Courts Affirmative Defenses for other samples. however, you dont have to include anything in section 2 of your GD, but at the very least i would type this up "Defendant reserves the right to amend and or add additional Answers, Defenses, and or/counterclaims at a later date"

if the complaint is not verified, a simple General Denial will suffice to answer the complaint. https://www.courts.ca.gov/documents/pld050.pdf

Bill of Particulars request.doc I'm your position I would serve the template as soon as possible, tomorrow, wait for their response before answering their Discovery questions. That's answer or lack of answer will assist you in American their Discovery easier

Did you serve a bill of particulars request?

In your place I would focus on answering the Discovery questions before sending any Discovery questions

a simple General Denial form should suffice to answer the complaint, if the complaint is not verified. https://www.courts.ca.gov/documents/pld050.pdf

Your general denial is your answer to the complaint. The general denial is the answer. It generally denies all plaintiffs allegations within the complaint.

example of a verified complaint

https://www.courts.ca.gov/partners/documents/kanspart2.pdf section number 3, tells you how to identify if the complaint is verified. in addition to what it is stated there, sometimes it would stated "VERIFIED" in the caption below the Cause of Action.

There are many examples. @Ryanex is one of them, @HomelessInCalifornia is another one. check the hall of fame threat and you will find them.

RyanEx beat me to the answer. if you decide to go the arbitration way, you will need a copy of the card agreement as ryanex explained. I am not quite sure how you proceed, i think you have to answer the complaint and them Motion to compel arbitration.

the first thing you should do is file a general denial and answer the complaint before your 30 days are up. it is pretty simple. just fill out this form and serve a copy of it along with a Proof of service, and take a copies of both documents to court and file. https://www.courts.ca.gov/documents/pld050.pdf https://www.courts.ca.gov/documents/pos030.pdf any questions please ask.