millslink Posted March 9, 2011 Report Share Posted March 9, 2011 I recived a complaint - Contract, with 1 cause of action attached. Do I answer the actual complaint-contract, the Cause of Action, or both? I have included the Complaint & Casue of Action below. I'm in California. Thank youCOMPLAINT - Contract1. PLAINTIFF' (names): PORTFOLIO RECOVERY ASSOCIATES, LLCalleges causes of action against DEFENDANT' (names): MY NAME2. This pleading, including attachments and exhibits, consists of the following number of pages: 43. a. Each plaintiff named above is a competent aduit[X] except plaintiff (name): PORTFOLIO RECOVERY ASSOCIATES, LLC[X] other (specify): A Limited Liability Company7. This court is the proper court becausea. [ ] a defendant entered into the conlract here.b. [ ] a defendant lived here when the contract was entered into.c. [X] a defendant lives here now.d. [ ] the contract was to be performed here.e. [ ] a defendant is a corporation or unincorporated association and its principal place of business is here.8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached):[ ] Breach of Contract[X] Common Counts[ ] Other (specify):9. [ ] Other:10. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and fora. [X] damages of $ $2,XXX.XX b. [X] interest on the damages (1) [ ] according to proof (2) [X] at the rate of 0.0000 percent per year from (date): 01/26/201011. [X] The following paragraphs of this pleading are alleged on information and belief (specify paragraph numbers):CC-a(1), CC-a(2), CC-b(3), CC-b(4), CC-b(6)FIRST CAUSE OF ACTION. Common CountsATTACHMENT TO [X] Complaint CC-1. Plaintiff (name):PORTFOLIO RECOVERY ASSOCIATES, LLCalleges that defendant (name):MY NAMEbecame indebted to [ ] plaintiff [X] other (name): PLAINTIFF'S PREDECESSOR, CAPITAL ONE BANK,N .A. who sold the account to Plaintiff.a. [X] within the last four years (1) [X] on an open book account for money due. (2) [X] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.b. [X] within the iast [ ] two years [X] four years (1) [ ] for money had and received by defendant for the use and benefit of plaintiff. for work, iabor, (2) [ ] services and materials rendered at the speciai instance and request of defendant and for whichdefendant promised to pay plaintiff[ ] the sum of $[ ] the reasonable value. (3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendantprom ised to pay plaintiff[X] the sum of $ $2,XXX.XX [ ] the reasonabie value. (4) [X] for money lent by plaintiff to defendant at defendant's request. (5) [ ] for money paid, iaid out, and expended to or for defendant at defendant's special instance andrequest. (6) [ ] other (specify):CC-2. $ $2,401.19 ,which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [ ] according to proof [X] at the rate of 0.0000 percent per year from (date): January 26, 2010CC-3. [ ] Plaintiff is entitled to attorney fees by an agreement or a statute Link to comment Share on other sites More sharing options...
ScorpioCA Posted July 25, 2012 Report Share Posted July 25, 2012 I recived a complaint - Contract, with 1 cause of action attached. Do I answer the actual complaint-contract, the Cause of Action, or both? I have included the Complaint & Casue of Action below. I'm in California. Thank youCOMPLAINT - Contract1. PLAINTIFF' (names): PORTFOLIO RECOVERY ASSOCIATES, LLCalleges causes of action against DEFENDANT' (names): MY NAME2. This pleading, including attachments and exhibits, consists of the following number of pages: 43. a. Each plaintiff named above is a competent aduit[X] except plaintiff (name): PORTFOLIO RECOVERY ASSOCIATES, LLC[X] other (specify): A Limited Liability Company7. This court is the proper court becausea. [ ] a defendant entered into the conlract here.b. [ ] a defendant lived here when the contract was entered into.c. [X] a defendant lives here now.d. [ ] the contract was to be performed here.e. [ ] a defendant is a corporation or unincorporated association and its principal place of business is here.8. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached):[ ] Breach of Contract[X] Common Counts[ ] Other (specify):9. [ ] Other:10. PLAINTIFF PRAYS for judgment for costs of suit; for such relief as is fair, just, and equitable; and fora. [X] damages of $ $2,XXX.XX b. [X] interest on the damages (1) [ ] according to proof (2) [X] at the rate of 0.0000 percent per year from (date): 01/26/201011. [X] The following paragraphs of this pleading are alleged on information and belief (specify paragraph numbers):CC-a(1), CC-a(2), CC-b(3), CC-b(4), CC-b(6)FIRST CAUSE OF ACTION. Common CountsATTACHMENT TO [X] Complaint CC-1. Plaintiff (name):PORTFOLIO RECOVERY ASSOCIATES, LLCalleges that defendant (name):MY NAMEbecame indebted to [ ] plaintiff [X] other (name): PLAINTIFF'S PREDECESSOR, CAPITAL ONE BANK,N .A. who sold the account to Plaintiff.a. [X] within the last four years (1) [X] on an open book account for money due. (2) [X] because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.b. [X] within the iast [ ] two years [X] four years (1) [ ] for money had and received by defendant for the use and benefit of plaintiff. for work, iabor, (2) [ ] services and materials rendered at the speciai instance and request of defendant and for whichdefendant promised to pay plaintiff[ ] the sum of $[ ] the reasonable value. (3) [X] for goods, wares, and merchandise sold and delivered to defendant and for which defendantprom ised to pay plaintiff[X] the sum of $ $2,XXX.XX [ ] the reasonabie value. (4) [X] for money lent by plaintiff to defendant at defendant's request. (5) [ ] for money paid, iaid out, and expended to or for defendant at defendant's special instance andrequest. (6) [ ] other (specify):CC-2. $ $2,401.19 ,which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interest [ ] according to proof [X] at the rate of 0.0000 percent per year from (date): January 26, 2010CC-3. [ ] Plaintiff is entitled to attorney fees by an agreement or a statute I have the exact same summons but different amount Link to comment Share on other sites More sharing options...
debtorshusband Posted July 25, 2012 Report Share Posted July 25, 2012 California provides easy-to-use forms for your use in filing your Answer, here:Browse All FormsI recommend using the General Denial, PLD-050. It basically says that you deny all plaintiff's claims, then there's a place to put your Affirmative Defenses.Alternatively, you could use the Answer-Contract, PLD-C-010. One of the options says that you agree all statements of the complaint are true, except: and then you would list paragraphs CC-1 and CC-2, as those are the actually charges you are denying.BTW, the Cause of Action page is part of the Complaint. See #8 of the Complaint, where it says "The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached)"?Good luck.DH Link to comment Share on other sites More sharing options...
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