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djrazr

California - Being Sued - Proof of Service of 30-day Summons & Complaint

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If you use an affirmative defense, you would check the box and list the defense.  Plaintiff lacks standing to sue just means they have not provided you with anything to show they own this account, so they shouldn't be suing you.  It is the defense they have to prove, all the others you may have to prove.  There is a thread pinned up top that talks about affirmative defenses.  You can choose to use them or not--some states say in their rules if you don't bring the denfese in your answer you can't do it later.  I don't know the rules for California, so I don't know if you can or cannot.

 

I guess I assumed this complaint was unverified--is there anywhere on the complaint or summons that is stamped that says it is verified?  Whole different way of answering if it is.

 

You send a COPY of this form to the attorney certified RRR, AND you take one to the court and file it, pay the filing fee.

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oh and a proof of service, filed with your answer to the court..  Just a statement that you swear you mailed it to the attorney on such and such date, sign and dated.

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The proof of service (attached here: http://www.courts.ca.gov/documents/pos030.pdf) would have the following;

 

#3 - Date it is to be mailed & name of the form being sent. if using the PLD-C-010 attached earlier, then name of that one is ANSWER, it can be written as "Answer to Complaint"

That's the only thing you're sending, so attachment box left blank.

 

#4 - Check box A

 

#5 - Name and address of attorney/firm you are sending to

 

Make sure your 3rd party (unrelated to case) signs this and pops in the mail for you, CMRRR.

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