Verified Complain and Declaration of Venue

[dorayuyu]

I think this is the right place to ask but let me know if it is not

What exactly is a Verified Complain?

What's the purpose of a Verified Complain?

What is a Declaration of Venue?

How is it different than a Verified Complain?

Having a Declaration of Venue does not make the complain "Verified" correct?

I tried to research on my questions but all I found was definition, no luck for any explanation.

Below is where I got so confused by the 2....

File and Serve a Declaration of Venue, if Necessary

If your lawsuit is based upon a retail installment contract subject to the Unruh Act (Civil Code §1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code §2984.4), or on a loan or other extension of credit primarily for personal or household use (Code of Civil Procedure § 395(), you must either verify your complaint or file and serve a declaration of venue.

NOTE: The declaration of venue must be served upon the defendants like a Summons. If your complaint was not verified and you did not serve the statement of venue you must complete this step at least 31 days before filing the Request for Entry of Default.

[racecar]

1.A verified complaint is one in which the last page has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

2.Venue is the county or district within which a criminal or civil case must be heard.

Civil Code § 2984.4

2984.4. (a) An action on a contract or purchase order under this chapter shall be tried in the superior court in the county where the contract or purchase order was in fact signed by the buyer, where the buyer resided at the time the contract or purchase order was entered into, where the buyer resides at the commencement of the action, or where the motor vehicle purchased pursuant to the contract or purchase order is permanently garaged.

In any action involving multiple claims, or causes of action, venue shall lie in those courts if there is at least one claim or cause of action arising from a contract subject to this chapter.

( In the superior court designated as the proper court in subdivision (a), the proper court location for trial of an action under this chapter is the location where the court tries that type of action that is nearest or most accessible to where the contract, conditional sale contract, or purchase order was in fact signed by the buyer, where the buyer resided at the time the contract, conditional sale contract, or purchase order was entered into, where the buyer resides at the commencement of the action, or where the motor vehicle purchased pursuant to the contract is permanently garaged. Otherwise, any location of the superior court designated as the proper superior court in subdivision (a) is the proper court location for the trial of the action. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case.

© In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a superior court and court location described in this section as a proper place for the trial of the action. Those facts may be stated in a verified complaint and shall not be stated on information or belief. When that affidavit is filed with the complaint, a copy shall be served with the summons. If a plaintiff fails to file the affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, but the court shall, upon its own motion or upon motion of any party, dismiss the action without prejudice. The court may, on terms that are just, permit the affidavit to be filed subsequent to the filing of the complaint and a copy of the affidavit shall be served on the defendant. The time to answer or otherwise plead shall date from that service

http://www.creditinfocenter.com/forums/there-lawyer-house/310833-anyone-california-know-what-pos-use-when-serving-answer-complaint.html#post1135453

Edited November 14, 2012 by racecar

[racecar]

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.