Search the Community

Hi there! I haven't used this form before and have never dealt with a summons. I am trying to figure out how to respond. Do I have to fill out pleading paper addressing all of their claims? Or can I use the general denial I have seen people talking about? They have "evidence" which appears to be a statement with the total debt, my name/address, and it shows a late fee and a payment last made January 2017. The amount they're going after is $800. Thanks for any help!

We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt. We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series: 84Calap3rd771 195Calap3rd213 200Calap3rd372 and another from Cal Reporter - 235CR430 Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial. Thank you for any help and advice as we get ready for trial.