Attachments on Summons Answer

[cocoboss]

Responding to summons in Ventura, California, using form PLD-C-010. Filling in my Affirmative Defenses, but need more space. What is the specific format that is used for the attachment. Thanks

[deltadawn]

In the FAQ it states:

What Are Attachments?

The administrator may allow you to use the attachment feature of this forum, which gives you the ability to attach files of certain types to your posts. This could be an image, a text document, a zip file etc. There will be a limit to the file size of any attachments you make.

To attach a file to a new post, simply click the [Manage Attachments] button at the bottom of the post composition page, and locate the file that you want to attach from your local hard drive.

After posting, the image attachments may display a thumbnail, depending on the forum settings. To view the contents of the attachment (if it is not already displayed) simply click the filename link that appears next to the attachment icon.

[cocoboss]

Was looking for the format of the document to attach to a summons answer. A legal document to file with the court when there is not enough room on the preprinted summons answer form.

[debtorshusband]

I'm not sure there's any specific format. Just do what makes sense.

I'd recommend using page 2 of that form as an example:

- Have the title and case number at the top

- Put "Answer-Contract" under that

- Then "Attachment 4 - Affirmative Defenses (continued)"

- Then copy the format at the bottom with "Answer-Contract" in the center and "Attachment 4" instead of "page 2 of 2"

If you can, put boxes around the title and case number, and a line at the bottom, just like on page 2.

Good luck.

DH

[admin]

As long as you have the title of the document along with "(cont.)" and the case number, you should be fine.

[cocoboss]

Wow you folks are great! One more question. When using an attachment for the affirmative defenses, should I reference that there are attachments on the AFFIRMATIVE DEFENSES section of the PLD-C-010 form, and if so how? Thanks

[bena]

Wow you folks are great! One more question. When using an attachment for the affirmative defenses, should I reference that there are attachments on the AFFIRMATIVE DEFENSES section of the PLD-C-010 form, and if so how? Thanks

You don't need this form to answer. It's for convenience. For long answer, you should use a pleading paper which is available in Microsoft Word.

Here is an example you can look at as a template. Look at the answer paper of the lawyer.

http://public-access.riverside.courts.ca.gov/OpenAccess/civil/civildetails.asp?casenumber=021285&courtcode=A&dsn=&casetype=HEC

First click this link, then login as guess, then click this link again, it will show the case docket, otherwise, you have to search for the case number.

[debtorshusband]

Wow you folks are great! One more question. When using an attachment for the affirmative defenses, should I reference that there are attachments on the AFFIRMATIVE DEFENSES section of the PLD-C-010 form, and if so how? Thanks

I don't have that form in front of me now, but isn't there a box to check to indicate it continues on an attachment?

DH

[cocoboss]

Does this look okay as an attachment to the response?

[cocoboss]

ANSWER-CONTRACT

ATTACHMENT 4 – AFFIRMATIVE DEFENSES (CONTINUED)

As and for a Fifth Defense

Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

As and for a Sixth Defense

Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

As and for a Seventh Defense

Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

As and for an Eighth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

As and for a Ninth Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

As and for a Tenth Defense

Plaintiff has no Fiduciary Duty.

As and for an Eleventh Defense

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

As and for a Twelfth Defense

Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

[merrybucks]

Make sure that you understand and can explain each defense when asked. Also you need to be sure each defense applies to your case.

[admin]

Make sure that you understand and can explain each defense when asked. Also you need to be sure each defense applies to your case.

Yup, very important.

But your attachment looks fine.

[cracrap]

this isnt small claims is it?? you better double check with the clerk of the court, i know in la county big boy court ,u have to use numbered pleading paper