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Served with Summons in California, need help with Answer form


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I'm hoping someone can help me.

I was served this past Friday. I have read the Summons , it instructs me to give a response in 30 days. Of the points 1 through 10, I agree with all except for 10a. It's my debt, I will pay it plus any and all laywers fees and interest.

I have been paying this for a few months. I guess since I did not set up an approved payment plan, those payments do not "count" as part of a payment plan. The Debt Collector/OC and I set up an approved payment. She told me that I will still be served with a summons, but to not show up or respond. They will then win by default. She instructed me taht they will not execute unless I miss a payment. She will not give me anything in writing in regards to this payment plan and the details. She told me the details of the plan was too complex and that it would cost me money because it has to go through the courts. My fear is if I heed the DC/OC and do not Answer, they will be granted the Judgement and execute, even though a payment plan and "deal" was made.

Botton line, they will get the Judgment, I'm fine with that. I do not want them to execute, unless I break our payment agreement. And I would like the OC/DC to drop the Judgment on my credit report to something along the lines of Charge-Off or Sent to Collections.

Is there a form similar to the Small Courts form "Stipulation to Pay Judgment in Installments"? I believe that is the form I need. When would I turn that form in? Is that considered a motion?

Also, what form would I use to ask for them to change my credit report from Judgment to Charged-Off/Sent to Collections? When would I send that?

** I have found the neccesary form for the response (PLD-C-010). I have filled out more than 80% of the form on my own. I agree with all statements of the Complaint, except for 10a. 10a has an inaccurate damage value. At the time of the filing, the damage amount was correct, but I have been making monthly payments, so each month the balance will change.

How will I answer to 3.b. Defendent admits that all of the statements of the complaint/cross complaint are true EXCEPT: Can I answer this in plain language, or do I have to use legal terms?

Also, how would I answer 6. Defendent prays... I believe I should mark c. other and put down the attorney fees, interest, and damages: to be set according to monthly adjusted balance.

Thank you


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  • 11 months later...

Someone on these boards mentioned the ...NOT ON THIS BOARD, THEY DIDN'T...spam link removed...package and I just bought and couldn't be more thrilled.

It's the Answer document plus many more and they are totally fill in the blank! You do have to interpret some stuff to decide what works best for your situation but I'm super relieved to have found something, I just couldn't pull it together on my own.

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I recommend your investing in the Credit Repair Workbook at the Credit Info Bookstore. It directs you on what to do. I'd be very suspicious of what the Debt Collector is saying. You'll find out in the workbook how important it is that you fight this so it does not become a Judgment against you. Learn how to play the game in the workbook so you can buy more time, and then settle for dimes on the dollar if you wish at a later date. Feel free to read my recent posting for a Summons Received to follow where we are at in the process. Do a search for "summons" and/or "answers" and you'll find plenty of good information in this forum. Peace.

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