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Showing results for tags 'response to a summons'.
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Big picture: Sued by Cavalry on behalf of Citi for $2.5k. Am composing Answer along with MTC. Specific: One of Cavalry's allegations is: #12. That the balance due and owing as of blah, blah 2016, was $2.5k. A true and correct copy of a billing statement is attached hereto as Exhibit A and is incorporated herein as though fully set forth in detail. That seems a bit of an overreach. Is that even a thing they can allege? I mean, obviously, they did- but how does that work? They did attach a statement. I am considering, as a response: #12. I deny. I reject the premise that one purported billing statement may be "incorporated herein as though fully set forth in detail." Am I perseverating upon minutiae here?
I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the same address)? Am I just sending it to the courts and they send it to the plantiff? How exactly does this work? 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Winn Law Group, A Professional Corporation 3. How much are you being sued for? $2,471.48 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) Handed to my wife 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters, but did not respond 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? October 8, 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? 30 days, but since it was given to my wife instead of me 40 days 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of November 2014 Any kind of response would greatly be appreciated as I have never been through this process before...I just want this to go away.