Anza01 Posted April 5, 2012 Report Share Posted April 5, 2012 I cannot find anything on the PLD-C-001 that shows the complaint against me is verified. Am I missing something or is this type of check-box complaint not verified? Link to comment Share on other sites More sharing options...
debtorshusband Posted April 5, 2012 Report Share Posted April 5, 2012 I'll guess that you're trying to decide if you can use the General Denial form. I don't know what makes a complaint "verified", so hopefully someone else can help, but I think if you go ahead and use the General Denial form, no one will complain.Good luck,DH Link to comment Share on other sites More sharing options...
Scientific Posted April 5, 2012 Report Share Posted April 5, 2012 I cannot find anything on the PLD-C-001 that shows the complaint against me is verified. Am I missing something or is this type of check-box complaint not verified?Does the complaint have something along the lines of I declare under the penalty of perjury the following is true, etc etc? If so, the complaint could be verified. More than likely it's not.... Link to comment Share on other sites More sharing options...
Anza01 Posted April 6, 2012 Author Report Share Posted April 6, 2012 There is no sign of anything verified other than my address.I guess what I am trying to figure out with this check-box suit is the proper way to answer.Can I just go ahead and answer with my own pleadings as I have a cross-complaint to file anyway?I have not had to file and an actual answer before so would I just deny their claim? They claim open book, BoC and a $$ amount. Looks like I would just deny their claim then go with my cross-complaint.Or would it be better to use a check-box denial then file a cross-complaint separately?This was a lot easier in federal and JAMS! Link to comment Share on other sites More sharing options...
bad98roadster Posted April 6, 2012 Report Share Posted April 6, 2012 I cannot find anything on the PLD-C-001 that shows the complaint against me is verified. Am I missing something or is this type of check-box complaint not verified?A complaint is not verified if there is not a page attached to the complaint which is signed by the plaintiff under penalty of perjury.Most credit card complaints are not verified. Link to comment Share on other sites More sharing options...
1stStep Posted April 6, 2012 Report Share Posted April 6, 2012 Most debt collection suits are not verified... Link to comment Share on other sites More sharing options...
Anza01 Posted April 9, 2012 Author Report Share Posted April 9, 2012 Thanks for the info, since this is such a basic suit I have pretty much just answered with the following,Defendant NAME admits that MY County is the correct venue and the address listed by the Plaintiff is correct.Defendant NAME denies Plaintiff’s claim of Common Counts.Defendant NAME denies the Plaintiff’s alleged claim that there is any balance owed.Defendant NAME denies Plaintiff’s alleged claim that there is an open book account for money due.Defendant NAME denies Plaintiff’s alleged claim that the Defendant is indebted to the Plaintiff.Should I do an affirmative defense on this? The plaintiff provided so little info and no proof. I don't know if I have to spend so much time with my own answer.Last question, can I answer and state my cross-complaint at the same time or should I do these separately? This check-box suit is more trouble than I though Link to comment Share on other sites More sharing options...
debtorshusband Posted April 10, 2012 Report Share Posted April 10, 2012 I just posted about affirmative defenses in another thread, so I'm just going to put the link here rather than repeat.http://www.creditinfocenter.com/forums/there-lawyer-house/313167-cavalry-spv-i-llc-summons-received-today-4-4-2012-but-summons-dated-3-6-2012-a.htmlGood luck.DH Link to comment Share on other sites More sharing options...
1stStep Posted April 10, 2012 Report Share Posted April 10, 2012 They only 2 affirmative defenses in a JDB suit would be lack of standing to sue aand/or statute of limitations . Link to comment Share on other sites More sharing options...
Anza01 Posted April 11, 2012 Author Report Share Posted April 11, 2012 They only 2 affirmative defenses in a JDB suit would be lack of standing to sue aand/or statute of limitations .This is for a OC Link to comment Share on other sites More sharing options...
1stStep Posted April 11, 2012 Report Share Posted April 11, 2012 I would go for affirmative defenses unless you can show the account paid off - accord and satisfaction... Link to comment Share on other sites More sharing options...
Anza01 Posted April 12, 2012 Author Report Share Posted April 12, 2012 I would go for affirmative defenses unless you can show the account paid off - accord and satisfaction...Is there a section on good affirmative defenses?I got the denial part down, not sure what to use for AD.It's in SOL, the balance is in question though, way higher than it should be.I am going to send a BoP, but I need to answer 1st.I do have solid 623 FCRA, FDCPA and RFDCPA claims against the OC and law firm. Link to comment Share on other sites More sharing options...
1stStep Posted April 12, 2012 Report Share Posted April 12, 2012 (edited) Coltfan doesn't like affirmative defenses...only because you have to prove them...You can go with no affirmative and attack using the BOP...If you have violations, you'll have to bring those as separate counterclaims...keep in mind that an OC is not subject to the FDCPA... Edited April 12, 2012 by 1stStep Link to comment Share on other sites More sharing options...
Anza01 Posted April 12, 2012 Author Report Share Posted April 12, 2012 Coltfan doesn't like affirmative defenses...only because you have to prove them...You can go with no affirmative and attack using the BOP...If you have violations, you'll have to bring those as separate counterclaims...keep in mind that an OC is not subject to the FDCPA...Colt may not like AF but he also has the gift of gab so I worry about not listing any.Since I am doing my general denial with a PLD-C-010, I am still struggling with what box to check.3(a) is a general denial for a complaint that is not verified (mine is not) but if the complaint is verified *OR* cross-complaint demands more than $1000 you can check the box.My cross-complaint is for more than $1000.But I don't like box 3( because it states,"Defendant admits all of the statements of the complaint or cross-complaint are true EXCEPT:(1) Defendant claims the following statements are false"I don't like the idea of admitting anything is true and I am worried I might miss an alleged claim I need to deny.So far I deny the following which is the meat of the complaint,Plaintiff’s alleged claim of Common Counts.Plaintiff’s alleged claim that there is any balance owed.Plaintiff’s alleged claim that there is an open book account for money due.Plaintiff’s alleged claim that the Defendant is indebted to the Plaintiff.Am I reading too much into this? Worrying for nothing. I tell you, I have been in Federal and JAMS and I have not struggled as much as I have over this...If what I have above is good, do I really need to do AF right now with my 1st answer?As for the OC and FDCPA, thanks I know. I have FCRA and Rosenthal on the OC, FCRA, FDCPA and Rosenthal on the law firm.For those outside of Cali, this is the document I am working with.http://www.courts.ca.gov/documents/pldc010.pdf Link to comment Share on other sites More sharing options...
bad98roadster Posted April 12, 2012 Report Share Posted April 12, 2012 http://www.courts.ca.gov/documents/pld050.pdf Link to comment Share on other sites More sharing options...
Anza01 Posted April 12, 2012 Author Report Share Posted April 12, 2012 http://www.courts.ca.gov/documents/pld050.pdfThanks Bad, I have seen this one and again, I might be reading too much into my general denial but I worry about this,You MAY use this form for a general denial if: 1. The complaint is not verified; or 2. The complaint is verified and the case in a limited civil case... etc...My case is limited civil, no sign of it being verified as far as I can tell.I sure hope I am wasting time here by worrying for nothing! Link to comment Share on other sites More sharing options...
bad98roadster Posted April 12, 2012 Report Share Posted April 12, 2012 Thanks Bad, I have seen this one and again, I might be reading too much into my general denial but I worry about this,You MAY use this form for a general denial if: 1. The complaint is not verified; or 2. The complaint is verified and the case in a limited civil case... etc...My case is limited civil, no sign of it being verified as far as I can tell.I sure hope I am wasting time here by worrying for nothing!I've used it on many occasions. There's either a signed verification by the plaintiff on file with the complaint or there's not. I think your safe. Link to comment Share on other sites More sharing options...
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