Response to Summons Complaint-Contract in CA Questions

[CAB in CA]

A lawyer has filed Summons-Complaint-Contract for three Citibank cards to which I must reply by next week. Total of three accounts in excess of $12,000.

I have found the court form online to complete and I have one of two choices to select in my response, but I am not sure which one to choose. Perhaps someone can give me some suggestions.

The choices are:

a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.)

b. Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:

(1) Defendant claims the following statements are false (use paragraph numbers or explain)

(2) Defendant has no information or belief that the following statements are true, so defendant denies them. (use paragraph numbers or explain)

4. AFFIRMATIVE DEFENSES-Defendant alleges the following additional reasons that plaintiff is not entitle to recover anything.

These debts have not been validated by the firm who the lawyer states now owns these accounts, therefore I do not know if they are entitled to collect. I thought I would list that for an answer to #4 if that is a valid reason.

The complaint also lists me as a corporation which I am not, I am an individual.

My question is I don't know whether to choose a. and generally deny each statement or choose b. and admit that I owe the monies but I cannot tell for which accounts they are for since there are no account numbers listed and that the amounts do not match my statements close to those dates.

The complaint does not list any account numbers so I do not know for sure which accounts they are for. I had two AT&T accounts that converted to Citibank and two Citibank accounts at one time making a total of four accounts and there are three accounts (without numbers) listed in the suit and as best as I can guess for which accounts they are trying to collect for all of the dollar amounts are off by pennies to the last statements from Citibank for which they say they are trying to collect.

I pulled a credit report and there is only one Citibank account still listed on the report. The other three are no longer listed on the report under Citibank or under the name of the firm for which the lawyer is suing.

I am trying to buy some time by filing a reply so this does not default and they automatically receive a judgment.

I will see an attorney in probably August about filing BK, but I need to get some other matters resolved regarding joint ownership on bank accounts with my elderly mother first and several other pending matters that I need to work to wards a resolve.

Unfortunately, in choice a. above I do not know what is meant by a verified debt. Would that be if the debt has been validated by the company that now owns the debt? It does state on the pleading: If you wish to verify this pleading, affix a verification. The only forms that are attached to the Complaint-Contract are: Cause of Action-Common Counts, three of them.

The copy of the complaint that I received was not signed by the plaintiff or attorney, the line is blank and to the left the attorney's name is typed.

Also, should I mail a debt validation request to this attorney for these accounts since I have no proof his client actually now owns these accounts? The suit states they have purchased the debts and Plaintiff is the successor in interest.

The Plaintiff is Unifund CCR Partners, a New York General Partnership and the attorney is in CA. I reside in CA.

Last date I made payments was September/October 2002 when I exhausted my savings. I had to retire on Social Security Disability on September 30, 2001.

Thanks for any input anyone may have. I have to get this filed the first part of next week as I misread the instructions as to when I had to reply and have been trying to locate the proper response form and figure out how to complete it.

CAB in CA

[hoapres]

A lawyer has filed Summons-Complaint-Contract for three Citibank cards to which I must reply by next week. Total of three accounts in excess of $12,000.

You need to read the Nolo Press book Sue in California without a lawyer

You most likely have been sued in the limited jurisdiction of your county superior court.

You should become familiar with state and local court rules.

I have found the court form online to complete and I have one of two choices to select in my response, but I am not sure which one to choose. Perhaps someone can give me some suggestions.

See above. You should read the book mentioned

The choices are:

a. Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.)

Box a will not work for a verified complaint.

b. Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:

(1) Defendant claims the following statements are false (use paragraph numbers or explain)

You can list the paragraph numbers for those you believe are false.

(2) Defendant has no information or belief that the following statements are true, so defendant denies them. (use paragraph numbers or explain)

List the paragraph numbers that you have no knowledge of accuracy.

4. AFFIRMATIVE DEFENSES-Defendant alleges the following additional reasons that plaintiff is not entitle to recover anything.

These debts have not been validated by the firm who the lawyer states now owns these accounts, therefore I do not know if they are entitled to collect. I thought I would list that for an answer to #4 if that is a valid reason.

You may wish to raise the SOL as an affirmative defense. You may wish to claim that Plaintiff lacks standing to sue.

Are you being sued by Citibank directly ?

While not for the novice pro se litigant, if you trully believe Plaintiff does not have standing to sue then you can file a demurr - (equivalent to a motion to dismiss) - the complaint.

The complaint also lists me as a corporation which I am not, I am an individual.

Does the complaint use your legal name ? If so then it may be just a typographical error.

Or was the service box merely checked served as a corporation ?

Be aware, that a corporation needs to be represented by an attorney.

My question is I don't know whether to choose a. and generally deny each statement or choose b. and admit that I owe the monies but I cannot tell for which accounts they are for since there are no account numbers listed and that the amounts do not match my statements close to those dates.

See above. Box a. will not work for a verified complaint.

The complaint does not list any account numbers so I do not know for sure which accounts they are for. I had two AT&T accounts that converted to Citibank and two Citibank accounts at one time making a total of four accounts and there are three accounts (without numbers) listed in the suit and as best as I can guess for which accounts they are trying to collect for all of the dollar amounts are off by pennies to the last statements from Citibank for which they say they are trying to collect.

Deny the relevant paragraphs on lack of knowledge

I pulled a credit report and there is only one Citibank account still listed on the report. The other three are no longer listed on the report under Citibank or under the name of the firm for which the lawyer is suing.

The credit report probably not relevant to the complaint.

I am trying to buy some time by filing a reply so this does not default and they automatically receive a judgment.

Smart move.

I will see an attorney in probably August about filing BK, but I need to get some other matters resolved regarding joint ownership on bank accounts with my elderly mother first and several other pending matters that I need to work to wards a resolve.

Unfortunately, in choice a. above I do not know what is meant by a verified debt. Would that be if the debt has been validated by the company that now owns the debt? It does state on the pleading: If you wish to verify this pleading, affix a verification. The only forms that are attached to the Complaint-Contract are: Cause of Action-Common Counts, three of them.

A verified complaint merely states that it is accurate with a sworn statement under penalty of perjury.

Most likely, your complaint was not verified.

The copy of the complaint that I received was not signed by the plaintiff or attorney, the line is blank and to the left the attorney's name is typed.

Check with the court to see if the attorney signed the original of the complaint.

Also, should I mail a debt validation request to this attorney for these accounts since I have no proof his client actually now owns these accounts? The suit states they have purchased the debts and Plaintiff is the successor in interest.

The Plaintiff is Unifund CCR Partners, a New York General Partnership and the attorney is in CA. I reside in CA.

Once sued, validation becomes moot. You need to answer the complaint.

Last date I made payments was September/October 2002 when I exhausted my savings. I had to retire on Social Security Disability on September 30, 2001.

California SOL is 4 years. You probably won't prevail on SOL.

Thanks for any input anyone may have. I have to get this filed the first part of next week as I misread the instructions as to when I had to reply and have been trying to locate the proper response form and figure out how to complete it.

You have 30 days from the date of service to file an answer to the complaint.

CAB in CA

[hoapres]

Duplicate post deleted

[CAB in CA]

Thank you for your responses.

No, I am not being sued by Citibank directly. I am being sued by Unifund CCR Partners.

CAB in CA

[blacksurfer]

Yes!!! Get that book! How to Sue in California without a Lawyer"!

You can download it immediately from Amazon.

Also you will need to file a "Proof of Service by Mail" form when you filed the Answer to show you sent a copy to the attorney.

[CAB in CA]

I went to Nolo Press this AM and downloaded the book. I did not realize they had direct download and I knew I did not have time to order it.

I have only read the part about reply so far (starting in the middle of course) and I am a bit confused if I have any Affirmative Defenses. I know I have not reached the SOL yet, but do I list that anyway and make the lawyer prove otherwise?

Thanks for all of the help. Back to reading trying to figure out if I choose to generally deny each statement of the complaint or admit that all of the statements are true and list the ones I have no knowledge of...

CAB in CA

[blacksurfer]

Just click 3 B and deny the paragraphs. Don't worry about what type of denial.

For example: First Cause of Action-paragrahs 1,2 and 3

Second Cause of Action-paragraph 2

About affirmative defense: I used failure to properly validate and filed a lawsuit based the FDCPA.

I'm just buying time also, to either settle or file BK.

[ghacorp]

Here's the deal. Citibank apparently SOLD your charged-off accounts to UNIFUND, a bad debt buyer. The reason Citibank did not go after you directly I would assert, is because they pulled your credit report and decided you would not be a good recovery candidate and thus, the liquidation to UNIFUND. No inome, no assets, SSI Disability are all red flags. Be sure to ANSWER the suit on time and deny knowledge of the debt! Citibank will send copies of your entire account history so as to assist UNIFUND in their collection effort. You should assume UNIFUND will vigorously pursue the debt because that is the reason they purchase bad debt. UNIFUND CCR PARTNERS are real first class stinkers IMO! They will cheat, lie, misrepresent and do anything and everything to convince a court to win either a default or summary judgment! UNIFUND also operates under aliases such as GREAT SENECA FINANCIAL, etc. etc. So again, ANSWER the SUMMONS on time! If you are considering bankruptcy, you should file within three months. BTW, I absolutely love it when people file BK and list UNIFUND on their schedules as the reason! Good luck!

[CAB in CA]

Thanks for the help!!!

CAB in CA