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IS MY COMPLAINT VERIFIED? Hello all! So, I've been looking through these forums and they just seem so awesome and helpful! I've been searching for a case similar to mine and I believe I found a very helpful one here: http://www.creditinf...a/#entry1202922 BUT… I need to know If my complaint has been verified. The filed Complaint itself has no mention of the statement "I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct this date…" - the only place where that statement is present is on the Statement of Venue - so is this considered as a verified complaint? All that is present in the Statement of Venue is: I, the undersigned, hereby declare that: (1) The contract herein sued upon is hereinafter called and referred to as "the contract". (2) This action is filed in the judicial district in which: One of the defendants currently resides. Is this a verified complaint? Thank you all so much for your help!! P.S. I'm still looking into when my last payment was and I will update by tomorrow with that info. 1. Who is the named plaintiff in the suit? Cavalry SPV I, 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 3. How much are you being sued for? $2563.46 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services, NA/Alaska Airlines (Bank of America) 5. How do you know you are being sued? (You were served, right?) Was served. 6. How were you served? (Mail, In person, Notice on door) In Person. 7. Was the service legal as required by your state? I believe so. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Sacramento County, Sacramento California 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? Since its Bank of America I believe that it's 3 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Summons Filed - Proof of Service of 30-Day - Summons and Complaint filed as of 4/10/14 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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. And 'tis too late. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Have 30 days from 4/10/14 - or is it from the day I was served, which was the 4/8/14? Claiming that no part of the $2500 debt was paid to the plaintiff. "Within the last 4 years, Defendant became indebted to original creditor (see answer to question 4) in the sum of $2563.45 for money lent to or paid out… Neither the whole or any part of the above sum has been paid. Judgments prayed for by plaintiff: (1) Principal of damages in the sum of $2563.45 (2) Costs of Suit (3) Such other relief as the Court may deem just and proper. No questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No affidavits, no statements from OC, no contract, nothing attached as an exhibit Again, thanks so much for your help!
*UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint