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answering a summons

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1. Who is suing you? Do I say the company name?.. it's an CA

2. For how much? 3704.01

3. Who is the original creditor? Household Bank (cc)

4. How do you know you are being sued? served a summons

5. How were you served? Were you served? Delivered to my house

6. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent some letters I didn't read and may have called. I stopped answering any calls if I didn't recognize the number.

7. Where do you live? California

8. When is the last time you paid on this account? Dec 05

9. What is the status of your case? In the answer period

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No.

12. Does your summons require a response? Yes

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? NO exhibits

14. What is the SOL on the debt? 4 years.

I'm working on my first attempt at an answer. I've read through a whole lot of posts here but I'm still confused on some things.

1. I think I understand the Affirmative Defense part. I need to answer each Cause of Action. I've got that part. Can they all have the same answer?

1. No contract between me and LLC

2. no proof

Here's the Cause of Actions

1. Breach of written contract

2. Money lent against all defendants

3. Open book account against all defendants

4. Account stated against all defendants

2. Do I answer the AS TO parts? Or just go straight to the Affirmative Defenses list?

3. The form says check on of the two following boxes. I want the one that says deny all, right?

4. There's an Other section. What's that for?

5. Where can I get an electronic copy of the form? I tried the local court website and they have a pdf but you can't type in it. Just see it.

I thought I had a much better understanding of this until I tried to write it and then realized that I was clueless.

Sorry for the laundry list of questions. Thanks for your help! I wish I'd found this site about a year ago!

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OK, since you didn't answer any of their mail, they are basically saying that you agreed to everything by silence.

You definaltely want to file at least a general denial.

Register over at CB so you can see the thread below. Make sure you don't use any of the free e-mail services availible to register, CB won't allow those.


It's a beginners thread for when you have been served.

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