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Summoned&Scared last won the day on March 13 2016

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  1. Ok so I need help yet again. This time with "Special Interrogatories" I do not have a response to my Bill of Particulars and I am not sure quite how to answer these.
  2. ok so here I go again. This time I am responding to a REQUEST FOR ADMISSIONS and a PRODUCTION OF DOCUMENTS . I am posting what I have done in case there is anything else I need to add or take away
  3. Ok, here we go again. I received what is supposed to be a response to my BOP. There were no objections. They pretty much sent me what they had included in the complaint but added a photocopy of general terms and conditions as well as an additional copy of the redacted Bill of Sale. Here was their response in a Nutshell, "Discovery is ongoing and plaintiff is seeking additional documents from the underlying creditor" I attempted to create a Meet and Confer letter. I am attaching my ROUGH draft as well as copies of what I was provided. As ALWAYS any help, suggestions etc are GREATLY appreciated
  4. Okay so I filed my response and sent out my BOP. I have already received my certified return receipts. Today, I received a call from the attorneys office and they left a message saying they were a debt collector and to please call them back. I have not called them back as I am not sure if talking to them is prudent and in my best interest. Any help or suggestions on how to handle this would be greatly appreciated.
  5. Ok I think I am ready to file my answer and do the bill of particulars. The proof of service seemed relatively easy just make sure the person who serves is not a party to the action. I am posting both my answer and bill of particulars. I used form POS 030( proof of service by mail) for my proof of service ( for both the answer and the bill of particulars) . I did see there was form POS 040( POS civil) If anyone thinks one proof of service is better than another please let me know. Also if anyone has anything they they would like to critique my on or any further suggestions please let me know. If not, than I will be sending these off . Many thank again and WISH ME LUCK!!!!
  6. Thank you so much for the welcome and thank you sooo much for explaining to me what an OSC is. So if I am understanding correctly calawyer, Just do the General Denial and cite only Statute of Limitations as my only affirmative defense. You had stated to send the Bill of Particulars at the same time as my answer. Do you recommend sending this under separate cover with it own Proof of service or with my General Denial and include that document on the same Proof of Service and file that with the court? I would like to personally thank you for taking your time to assist me and hopefully I can join the ranks of all those who have succeeded. Many thanks again.
  7. Thank you all for the answers on the proof of service and discovery. Words can not express my gratitude. The more I read however the more confused I get. I know I am going to do a general denial. But several of the threads on here state that if I do not state any affirmative defenses I will not be able to bring them up later on. I thought about just using the affirmative defense of AMBIGUITY since the complaint itself has so much information redacted and it would allow me to amend my answer at a later time. Although, I see several other affirmative defenses such as UNCLEAN HANDS, FAILURE TO STATE CAUSE, FAILURE TO MITIGATE, all of which are legitimate affirmative defenses for my case it almost seems that by citing those affirmative defenses would basically be disclosing my entire defense to the plaintiff. I know ASTmedic was extremely successful with just the general denial and I am inclined to go that way but at the same time I get so scared that I wont have as understanding of a judge as they did. So here I sit so very undecided as to whether to include affirmative defenses or not. I have read more threads that say to use them then not to. I have also read not to use boiler plate versions and to be detailed but it just seems that if I do use them and am detailed its like handing over my defense on a silver platter........If anyone has used a general denial ( on an unverified complaint) and was barred later on from using any affirmative defenses I would love to hear about that or from anyone who may have any insight to my situation......ANY feedback is most appreciated
  8. Ok I am trying to complete the Proof of Service. The document I am filing is a General denial(i have uploaded a copy of the form I am filing previously) On the proof of service ( where it says document being served--do I put ANSWER TO COMPLAINT? Or GENERAL DENIAL? Or should I just put ANSWER TO COMPLAINT-GENERAL DENIAL???? any suggestions?
  9. OMG!!!! You have no idea how much it helped. I have spent this afternoon going through your thread. If I may ask you a question, did you include any affirmative defenses with your general denial? I see some with and some without. Also did you serve your request for documents at the same time you served your answer?
  10. Not sure if you will see this but i have found your thread extremely helpful!!!!
  11. You are probably correct. I attempted to do the math myself but I still come out with a different amount. I am attaching the General Denial. basically it just looks like I have to fill in my name and the case info. After reading that thread you sent me. I know there has to be a proof of service. So if i am understanding correctly. File my response, serve the Plaintiff, then I suppose I need file the proof of service with the court? Also, if I may ask when would you start to do a request for documents? Would you serve it with your answer?
  12. This post is awesome!!!!!! Thank you so much for sending that to me. I am uploading a copy of my suit now. It is 4 pages long. There were 2 exhibits attached (one which I already posted and the other was a bill from the credit card company ( I didnt post the bill)that had an entirely different amount than they have stated in their suit. There is also a document saying why this court is the proper venue. From what I am gathering from that post a general denial is probably the best and easiest. Again thank you so much for your help. Let me know if you agree that a general denial is best after reading the suit....many thanks again
  13. That's what I have been doing but i have to admit it does get a bit overbearing. Thank you again for your input
  14. Sure I can upload the complaint itself and just white out information and will do so before days end. The way I see it the most important thing is filing a proper answer on time. I have started a rough draft using form PLD-050 as the complaint is not verified and is less than 2,200.00. I found a template on affirmative defenses from the Sacramento County Law Library in my state. Its a different county but I believe it would suffice. Although it is a rough draft I can upload what I have and if you are willing perhaps you can give me your imput. I figure once I protect myself with an answer I can always amend it later. What do you think?
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