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Answer to a summons in CA from a JDB


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I incorrectly added the requested information to a different post, so I am reposting with a new thread. I apologize if I was not supposed to do that.

Here is the info requested:

1. Plaintiff: Persolve

2. Law Firm: Attorney: xxxxxxx

3. Amount: under $20,000

4. Original creditor: US Bank

5. I know I was sued because of a summons

6. Someone handed it to someone who lives in my house as he was leaving for work

7. I believe this is legal in CA

8. I did not personally have correspondence with Persolve

9. CA, San Bernardino County

10. Account last paid in Feb 2009

11. I don't think this is out of SOL

12. Status of the case: court date was given

13. I have not yet disputed this debt with anyone

14. I did not submit a debt validation request

Here are the specifics of the summons. Can you please tell me if my "answer" is appropriate and what should be changed?

Complaint for money based on:

1) Open Book Account

2) Common Counts; and

3) Account Stated

Principal Damages Claimed: $xx,xxx.xx (< $20,000)

Plaintiff xxxxx, doing business as xxxxxxx, complains and alleges as follows:

First Cause of Action

(Open Book Account Against all Defendants)

1. At all times mentioned herein xxxxx was, and is, a limited liability company formed and maintained under and pursuant to the laws of the State of Delaware, and at all times herein mentioned, xxxx has complied with the fictitious business name laws and is doing business under the fictitious name of xxxxxxxxx duly authorized and licensed to do business in Los Angeles County

2. At all times herein mentioned Plaintiff has complied with all licensing requirements as a licensed collection agency as authorized by the laws of the State of CA

3. Prior to the commencement of this action, the plaintiff's assignor, xxxxxx, the successor in interes to xxxxxxx, for valuable consideration, assigned, transferred, and set over to Plaintiff, the within indebtedness of the defendants and Plaintiff is now the holder of the assigned rights in its chose in action of said claims

4. This cause of action is being brought in this jurisdiction and venue due to the fact that defendant(s) currently reside(s) here

5. the true names and capacities of defendants DOES 1 through 100, inclusive, are unknown to Plaintiff at this time, who therefore sues said Defendants by such fictitious names. Plaintiff is informed and believes, and thereon alleges, that each Defendant names as a DOES is responsible for each and every obligation hereinafter set forth

6. Plaintiff is further informed and believes, and thereon alleges, that each Defendant named in this Complaint, was at all times herein mentioned, and now is, the agent and employee of each of the other Defendants herein, and was at all such times acting within the course and scope of said agency and employment

7. Plaintiff is informed and believes, and thereupon alleges, that at all times herein mentioned, the Defendant(s), and each of them, is responsible in some manner for the occurrences herein alleged, and that the Plaintiff's damages, as hereinafter alleged, were proximately caused by the acts of such Defendant(s), and each of them.

8. The within action is not subject to the provisions of Section 2981, et seq.. (Rees-Levering Act) and Section 1801, et seq., (Unruh Act) of the Civil Code of the State of CA

9. Within the last four years, defendants and each of them, became indebted to xxxx on an open book account per California Code of Civil Procedures section 337a, in the sum of $xx,xxx.xx

10. No part of said sum has been paid since on or about xxxxx 2009, although demand of full payment has been made. There is now due and owing to Plaintiff, by virtue of the assignment alleged in paragraph 3 of the complaint, the unpaid sum of $xx,xxx.xx, together with interest thereon at the legal rate of 10% per annum from the charge off date of xxxxx 2009.

Second Cause of Action

(Common Counts Against all Defendants)

11. Plantiff repeats, re-alleges and incorporates herein by reference the allegations for paragraphs 1 through 10, inclusive, as though set forth at length herein

12. Within the last four years, Defendants, and each of them became indebted to XXXX in the principal amount of $xx,xxx.xx for money advanced, lent, paid, laid out and/or expended to said Defendants, and each of them, and/or for the benefit of Defendants, and each of them, at the specific request and/or direction of Defendants, and each of them.

13. No part of said sum has been paid since on or about xxxxx 2009, although demand for full payment has been made. there is now due and owing to the Plaintiff, by virtue of the assignment alleged in paragraph 3 of this Complaint, the unpaid sum of $xx,xxx.xx, together with interest thereon at the legal rate of 10% per annum from the charge off date of xxxxxx 2009.

Third Cause of Action

(Account Stated Against all Defendants)

14. Plaintiff repeats, re-alleges, and incorporates herein by this reference all allegations set forth in paragraphs 1 through 13 inclusive, as though set forth at length herein.

15. Within the last four years, an account was stated by and between xxxxxxxx and Defendants, and each of them, and it was agreed that the principal sum stated of $xx,xxx.xx was due and owing.

16. No part of said sum has been paid since on or about xxxx 2009, although demand for full payment has been made. There is now due and owing to Plaintiff, by virtue of the assignment alleged in paragraph 3 of this complaint, the unpaid sum of $xx,xxx.xx, together with interest thereon at the legal rate of 10% per annum from the charge off date of xxxxx 2009.

Wherefore, the Plaintiff prays for judgment agains Defendants, and each of them, as follows

As to all causes of action:

1. For damages in the principal sum of $xx,xxx.xx;

2. For interest thereon at the legal rate of 10%, from the charge off date of xxxxx 2009

3. For reasonable attorney's fees according to contract and/or estate

4. For costs of suit incurred herein; and

5. For such other and further relief as the Court may deem just and proper.

The answer is included in a reply below

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Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions and Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

REQUEST ONE DENIED - INTERROGATORY ONE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST TWO DENIED - INTERROGATORY ONE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST THREE DENIED - INTERROGATORY THREE: Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST FOUR ADMITTED

REQUEST FIVE DENIED - INTERROGATORY FIVE: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SIX DENIED - INTERROGATORY SIX: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SEVEN DENIED - INTERROGATORY SEVEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST EIGHT DENIED - INTERROGATORY EIGHT: This request calls for admission of matter defendant has denied and thus it is improper

.

REQUEST NINE DENIED - INTERROGATORY NINE: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST TEN DENIED - INTERROGATORY TEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST ELEVEN DENIED - INTERROGATORY ELEVEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST TWELVE DENIED - INTERROGATORY TWELVE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST THIRTEEN DENIED - INTERROGATORY THIRTEEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST FOURTEEN DENIED - INTERROGATORY FOURTEEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST FIFTEEN DENIED - INTERROGATORY FIFTEEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SIXTEEN DENIED - INTERROGATORY SIXTEEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

WILMA FLINSTONE

By: _______________________________

Wilma A. Flinstone, Defendant

1000 Rubble Street

Bedrock, St. 10001

999-999-99999

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES address to law office etc…. Wilmington, Delaware 00000, on 1/1/00.

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I would just say

1. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and therefore denies the allegations in Para. 1.

2. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and therefore denies the allegations in Para. 2.

and so on...

at the end

Wherefore the defendant prays the plaintiff takes nothing, for costs of suit, and any further relief the court deems proper.

then signature and such

I posted a california answer around in the samples someplace here. It has good formatting.

and good luck against Persolve they are arrogant douches, but lack standing and have ****ty witnesses. Make sure you subpoena them and cross complain for violations. Unfortunately they will go the distance to trial just to loose.

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Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions and Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

REQUEST ONE DENIED - INTERROGATORY ONE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST TWO DENIED - INTERROGATORY ONE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST THREE DENIED - INTERROGATORY THREE: Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST FOUR ADMITTED

REQUEST FIVE DENIED - INTERROGATORY FIVE: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SIX DENIED - INTERROGATORY SIX: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SEVEN DENIED - INTERROGATORY SEVEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST EIGHT DENIED - INTERROGATORY EIGHT: This request calls for admission of matter defendant has denied and thus it is improper

.

REQUEST NINE DENIED - INTERROGATORY NINE: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST TEN DENIED - INTERROGATORY TEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST ELEVEN DENIED - INTERROGATORY ELEVEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST TWELVE DENIED - INTERROGATORY TWELVE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST THIRTEEN DENIED - INTERROGATORY THIRTEEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

REQUEST FOURTEEN DENIED - INTERROGATORY FOURTEEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST FIFTEEN DENIED - INTERROGATORY FIFTEEN: This request calls for admission of matter defendant has denied and thus it is improper.

REQUEST SIXTEEN DENIED - INTERROGATORY SIXTEEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

WILMA FLINSTONE

By: _______________________________

Wilma A. Flinstone, Defendant

1000 Rubble Street

Bedrock, St. 10001

999-999-99999

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES address to law office etc…. Wilmington, Delaware 00000, on 1/1/00.

I have suggested some changes. also get right into the BOP strategy. They will try to subpoena records from the bank so subpoena their records. and make them provide it they will say opressive, vexatious and harrasing to your discovery reqests. and hopefully my appeal will get published soon you can use it to jam this suit up their wrinkly and flabby gluteal regions.

Any way I can help let me know. I hate these MF'ers.

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Thank you everyone so much for your help!

I am trying to read a variety of threads that are similar to my situation and the great answers you have posted within those various threads. The links to various forms and cases have also been very helpful, thank you.

Reading a lot of this information is truly like learning another language. I often "think" I understand what I am reading (until I realize that I still don't), so I apologize if these next questions are not very "intelligent" questions:

1. In CA does the answer need to be on form PLD-C-010?

2. When sending my answer to the plaintiff, does it need to include a POS-030 and if so, can my spouse sign it and place the envelope in the mail (he is not included on the summons)

3. It has been recommended to send a BOP...is there a specific form I use or something very specific that I need to say (or avoid saying)

4. Would the BOP assist in the subpoena of their records, or is that something separate all together?

5. When do I realize that I am over my head and hire an attorney? I don't have money for one, but I can't afford to lose this case either. I have a 3 year old and newborn that take up the entire day in addition to my work, so I want to make sure I can dedicate the amount of time needed to perform the necessary research and win this case...but that may mean paying someone else to do it for me...how expensive would an attorney be in a case like this (just as a back-up if I realize that I may make myself lose because I don't ENOUGH of an understanding to think quickly on my feet in court to NOT say the wrong thing.

Again, there is a plethora of valuable information throughout this site and I can't thank all of you enough!!!

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I was able to beat Persolve on my own by just answering the summons and going to court. Each case can go differently though, so its probably best to do a BOP and use the help provided by Seadragon and others. As for lawyers...if you really wanted to get one, you are probably looking at a grand or more, if they take cc cases....

I used the PLD-C-010 and had my Fiance serve them the POS-030. Can be anybody not named in the Lawsuit. The clerk told me this had to be done when I filed.

Edited by Cady
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Yes you can have him fill out the POS. I have my wife do them since she's not part of the suit. Also send EVERYTHING CMRRR (Cert mail return receipt) so you have proof they got whatever you sent. My advice is download the PDF version of the POS and fill it out and save it. Leave the spots blank that are going to change with each POS that you will send. Then you don't have to fill out a new one each time.

Listen to the people here. They know what they're talking about. Get the BOP off so that you make them start doing some work. They brought this suit (most likely hoping you wouldn't respond) so they have the burden of proof. Make them do just that with the BOP. The other thing it will do is give you an idea of where you stand. When you first get served you feel like there is no way you can do this. Trust me it will get better once you start getting a feel for things.

This book helped my too

Read this too

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