windofchange Posted August 9, 2011 Report Share Posted August 9, 2011 (edited) Hi, have been unable to keep up credit card payments and have received my first court summons. Not sure what to do, any help much appreciated!!plaintiff is citibank amount is just under $7000citibank is original creditori was served the summons at my house july 2011, my roomate received it. this is where it gets complicated i'm out of the country right now!!was trying to negotiate a settlement with them by phone but couldn't afford their offeri live in la calast payment was sept of 2010status of case is that a summons was served and they await my written response (court)have not disputed debtno debt validationcharges are as follows... cause of action common countsan open book account for money duebecause an account was stated in writing between plaintiff and defendent between which it was agreed defendent was indebted to plaintifffor money lent by plaintiff to defendant at defendants requestfor money paid out, laid out and expended to or for defendant at defendants special instance and requestthe lawyers representing citibank are Hunt and Henriquesmy time is ticking......thanks in advance for any help!!! my situation is complicated by the fact i'll be away till october some time!! Edited August 18, 2011 by windofchange privacy Link to comment Share on other sites More sharing options...
1stStep Posted August 9, 2011 Report Share Posted August 9, 2011 You have a couple of options:1. Answer the complaint, deny all the allegations and slug it out in court, or2. Answer and file a motion to compel arbitration. Moving the dispute to arbitration will be very,very costly to Citibank - and may make them drop the case all together. Link to comment Share on other sites More sharing options...
Linda7 Posted August 9, 2011 Report Share Posted August 9, 2011 I would be careful with Citibank and arbitration. You might have to pay fees during the arbitration and if you lose, they can be awarded attorney fees too which you will have to pay. Link to comment Share on other sites More sharing options...
windofchange Posted August 9, 2011 Author Report Share Posted August 9, 2011 Thanks for reply. What does slug it out in court entail? Im not a lawyer and I do owe the money! Isn't it a given that i will lose?My main concern for now is that I'm out of the country. I have 18 days to answer. Can I mail it certified? And where do i get the correct forms. Sorry i'm really new to this, but can't afford an attorney.I'm really looking to just slow the process down, I'll be back in town in October. I like the idea of arbitration,calling their bluff. I didn't see a copy of the contract with the summons either, does that mean anything.....sorry for all the rambling questions....answers much appreciated. Link to comment Share on other sites More sharing options...
1stStep Posted August 9, 2011 Report Share Posted August 9, 2011 You have to file your response with the court and forward a copy to the Plaintiff. Link to comment Share on other sites More sharing options...
windofchange Posted August 9, 2011 Author Report Share Posted August 9, 2011 i did some research and found the forms. I believe i can't use pld050 general denial because a third party is representing the plaintiff and the amount exceeds $1000. Is that right?So i have to use pldc010I really need to know do I have to file this form in person at the courthouse. I'm not in the country !!! Can a family member do it?? Link to comment Share on other sites More sharing options...
1stStep Posted August 10, 2011 Report Share Posted August 10, 2011 Yes a family member can file it. Link to comment Share on other sites More sharing options...
windofchange Posted August 18, 2011 Author Report Share Posted August 18, 2011 i have form pld-c-010, 3 b. (1) defendant claims the following statements are false.........(2) defendant has no information or belief that the following statements are true, so defendant denies them.......do i put the same answers to both one and two? what is there to distinguish between them? Link to comment Share on other sites More sharing options...
1stStep Posted August 18, 2011 Report Share Posted August 18, 2011 You can check both... if you check 1, then you need to basically write out which claims are false.#2 is more of a "can't recall so I deny" defense. Both work...it will make the plaintiff have to prove what you owe. Link to comment Share on other sites More sharing options...
windofchange Posted August 18, 2011 Author Report Share Posted August 18, 2011 I just figured that #1 sounded more sure and i may get in to trouble point blank denying in that way, if i did actually owe the money.#2 you could say, oh yeh i forgot about that onebut i do have to answer both right? or i'd be admitting the debt if i only answered #2 Link to comment Share on other sites More sharing options...
calawyer Posted August 20, 2011 Report Share Posted August 20, 2011 i did some research and found the forms. I believe i can't use pld050 general denial because a third party is representing the plaintiff and the amount exceeds $1000. Is that right?So i have to use pldc010I really need to know do I have to file this form in person at the courthouse. I'm not in the country !!! Can a family member do it??Is the complaint verified? Here is the statute itself (CCP 431.30 d). The underlining is mine:If the complaint is subject to Article 2 (commencing withSection 90) of Chapter 5.1 of Title 1 of Part 1 or is not verified, ageneral denial is sufficient but only puts in issue the materialallegations of the complaint. If the complaint is verified, unlessthe complaint is subject to Article 2 (commencing with Section 90) ofChapter 5.1 of Title 1 of Part 1, the denial of the allegationsshall be made positively or according to the information and beliefof the defendant. However, if the cause of action is a claim assignedto a third party for collection and the complaint is verified, thedenial of the allegations shall be made positively or according tothe information and belief of the defendant, even if the complaint issubject to Article 2 (commencing with Section 90) of Chapter 5.1 ofTitle 1 of Part 1. Link to comment Share on other sites More sharing options...
windofchange Posted August 22, 2011 Author Report Share Posted August 22, 2011 Hi, thanks for the info. , there is nothing in the complaint on the last page or anywhere else that says it is verified. I have also called the court but alas they didn't understand my question when i asked if the complaint for my case number was verified. Can I now assume the complaint was not verified?Is there some other way i can check? And lastly should i just forget about the general denial to be on the safe side and deny "positively"?And yes i've left this to the last minute now!!! Link to comment Share on other sites More sharing options...
1stStep Posted August 22, 2011 Report Share Posted August 22, 2011 Keep the general denial...it's an umbrella... Link to comment Share on other sites More sharing options...
calawyer Posted August 23, 2011 Report Share Posted August 23, 2011 Hi, thanks for the info. , there is nothing in the complaint on the last page or anywhere else that says it is verified. I have also called the court but alas they didn't understand my question when i asked if the complaint for my case number was verified. Can I now assume the complaint was not verified?Is there some other way i can check? And lastly should i just forget about the general denial to be on the safe side and deny "positively"?And yes i've left this to the last minute now!!!If there is no statement, under penalty of perjury, that someone has read the complaint and it is true, then the complaint is not verified. Usually (but not always) when the complaint is verified, it says so in the caption (i.e. "Verified complaint for breach of contract.....") Link to comment Share on other sites More sharing options...
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