quick sanity check

[dplawsuit]

Ok so I am headed to the California courthouse Friday morning to file my general denial, would you mind checking my plan to make sure I am not making any mistakes...

 

 

STEP ONE: ANSWER COMPLAINT WITH GENERAL DENIAL

 

1) File Fee Waiver Packet and General Denial form (PLD050) at court house along with affirmative defenses for SOL, Doctrine of Laches, "complaint and cause of action fail to state facts sufficient to constitute cause of action", request 2 copies at court house

2) Have friend or relative complete proof of service (POS040) and send certified mail containing POS and GD to plaintiffs attorney.

3) File a copy of POS and General Denial in personal files

 

 

STEP TWO: REQUEST BILL OF PARTICULARS ( I stated "money lent" as the cause of action requiring BOP, the other cause of actions in complaint were open book account, and account stated)

 

1)Have friend or relative complete Proof of Service (POS040), and include request for BOP and POS in certified mail to plaintiffs attorney

2)File a copy of POS and Request for BOP in personal file

 

...then I wait for BOP to arrive and take it from there. Sounds OK?

[racecar]

Doctrine of Laches

How old is this debt?

LACHES, DOCTRINE OF

Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage to another.

Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense raised in civil actions.

Laches is derived from the French 'lecher' and is nearly synonymous with negligence.

In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In courts of equity delay will also generally be prejudicial.

But laches may be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a suit, and; where the party labors under a legal disability, as insanity, infancy and the like.

[dplawsuit]

Alleged last payment is 4 or 5 days shy of SOL. I do not recall opening the account, but if I did it would have had to have been 8 years or older I'd think. My reasoning behind laches is they called me at work to try to settle the lawsuit, but did not call me at all the prior year to attempt to collect ( which I am assuming they could have done ).

[BrunoTheJDBkiller]

‘‘Laches consists of two elements. First, there must have been a delay that was inexcusable, and, second, that delay must have prejudiced the defendant. Kurzatkowski v. Kurzatkowski,142 Conn. 680, 684–85, 116 A.2d 906 (1955) . . . . The mere lapse of time does not constitute laches . . . .’’(Citations omitted; internal quotation marks omitted.) Bozzi v. Bozzi, 177 Conn. 232, 239, 413 A.2d 834 (1979).

 

The CT Supreme Court has stated that ‘‘[t]he defense of laches does not apply unless there is an unreasonable, inexcusable, and prejudicial delay in bringing suit. . . .Delay alone is not sufficient to bar a right . . . .’’ (Citations omitted; internal quotation marks omitted.) Cummings v. Tripp, 204 Conn. 67, 88, 527 A.2d 230 (1987).In Giordano v. Giordano, 39 Conn. App. 183, 664A.2d 1136 (1995), this court stated: ‘‘The defendant misunderstands the nature of a laches defense. A laches defense is not, as he asserts, a substantive right that can be asserted in both legal and equitable proceedings. Laches is purely an equitable doctrine, is largely governed by the circumstances, and is not to be imputed to one who has brought an action at law within the statutory period. . . . It is an equitable defense allowed at the discretion of the trial court in cases brought in equity."

[dplawsuit]

went down to the courthouse today, couple notes to self:

1) serve copy of answer on plantiff, THEN submit POS and answer to court

2) Name should be completed exactly as it appears on summons ( I was missing my middle initial )

 

I feel like I read so much in anticipation of everything that I am forgetting the easy stuff haha.

[Rivertime]

Hello and welcome to the board.

 

There is a lot of great help here, and a lots of great California info.  It would be a big help to you if you would answer the questions listed in this thread.  Be sure to keep out personal info and round the amount you are being sued for.

 

This is a great thread by ASTMedic and should be a big help to you.  Remember, you are among friends.

 

rt