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Replying to Summons from PRA in CA


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There more I read on this board, the more I seem to get confused and more overwhelmed.  

 

I did finally get summoned and of course have now waited until the last minute to work on my reply and serve and file my response in OC Courts.  I have an idea of what I am to do but yet am confused and feel lost and over my head overwhelmed. Breathing is difficult right now.   

 

PRA and Hunt & Henriques Law for a HSBC card that was charged off 9/11.  Total sued for $1443.  Answers to  questions below in next comment.   

 

I know i have to write my reply.  I see forms but is this all I need?  I see these long written out replies in threads posted.  Which form do I use for my first response?  General denial?  I see form for responding but it includes countersuit.  I do not wish to counter at this time. 

 

Can I have the response served via FedEx or does it have to be someone delivering the reply in person to the law office and a copy to PRA?  

 

I really need step by step directions with links.  LOL.   If you need other information, just ask.  

 

 

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Answers to the Questions:

 

1. Who is the named plaintiff in the suit?
Portfolio Recovery Associates, LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hunt & Henriques
3. How much are you being sued for?
$1,4XX.XX
4. Who is the original creditor? (if not the Plaintiff)
HSBC Bank Nevada
5. How do you know you are being sued? (You were served, right?)
I was served 
6. How were you served? (Mail, In person, Notice on door)
in person on a sunday night at 8:30 pm.
7. Was the service legal as required by your state?
yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I have not had any previous communication
9. What state and county do you live in?
Orange County, CA
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
estimated 5/2010; credit report shows charged off 9/11
11. What is the SOL on the debt? To find out:
4
(California is 4 years)

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or b ) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Suit served
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No
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.
No
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?
30 days from being served - so 10/22
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

none.

 

 

Any help and guidance is very much appreciated.

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I have started my reply in the General Denial form, but is this correct?  Of the reasons to use this form, the only one I believe I qualify to use is that this is not verified.  I think in the space to provide information is where I write my denials to the counts?  

 

Or do I write the response as I had seen samples of on these boards on pleading paper?

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Use the generial denial form for suits that are not verififed, you will know if it is verififed by a stamp in the upper right corner, signed by the attorney that sasy verififed. 

You mail one to the Plaintiff's Attorney, and send it USPS Certified mail return reciept requested.

Then you take original copy and go to the court pay the filing fee, and file with the court.

 

If you cannot afford the filing fee, there is a form you can get from the court asking that they waive your fees.

 

What are the counts they are suing you for?

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You are correct that you can use the general denial if the complaint is not verified.  However, in California, a verification is usually found at the end of the document.   Go to the last page of the attached link and you will see a typical verification form for California complaints. As in the example, most (but not all) verified complaints say so in the caption itself: http://cluebytwelve.net/monkeys-lawsuit/complaint.pdf

 

 

 

Here is the general denial form:  http://www.courts.ca.gov/documents/pld050.pdf

 

The advantage of using this form  is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.  As you can see, it is very easy to fill out.  The space in paragraph 2 is for any affirmative defenses you wish to assert.

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Counts are as follows: 

 

Cause of Action - Common Counts

CC-1 Defendant became indebted to other: HSBC Bank Nevada 

          a.  within the last four years 

                1.  on an open book account for money due

                2.  because an account was stated in writing by and between plaintiff and defendent in which it was agreed that defendant was indebted to plaintiff

          b.  within the last four years

                1. for money had and received by defendant for the use and benefit of plaintiff for work, labor

                 2. not checked

                3.  for goods, wares, and merchandise sold and delivered to defendant and for which defendant promised to pay plaintiff

                      the sum of $14xx.00

                4. for money lent by plaintiff to defendant at defendant's request

                5.  for money paid, laid out, and expended to or for defendant at defendant's special instance and request

CC-2   $1,4xx.00, which is the reasonable value, is due and unpaid despite plaintiff's demand, plus prejudgment interst at the of 0.o0 percent per year form March 2011.

CC-3  not checked

CC-4.  Other

            Plaintiff purchased the account from the original creditor or its successor in interest. Plaintiff is the current owner of the account.  

 

 

 

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How do you respond to the the affirmative adefenses? 

 

And then is that it?  Should I do anything else at this time? 

 

Now, can I send this via FedEx to the law office or does it have to be USPS?  FedEx is much easier for me.  

 

When I go to the court to file, do I have to give the Proof of Service that shows that it is was sent and received?  My deadline is Tuesday so I would not have this from USPS, but could from FedEx or serving in person if I can find someone to do it.  

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I do not believe this is verified.  There is a line at the bottom  of the complaint that says "If you wish to verify this filing, affix a verification"

 

The only item that is included is a statement to indicate the basis of filing in this disctrict is that I am a current resident.  

 

Now back to the affirmative defenses:  I see the box I can type in, but if they do not fit in there, do I write "see attached" and put it on a seperate piece of paper?  Does this then after to be typed in a certain format?  Still unsure a bit of what to type for affirmative defenses but getting a bit closer. 

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It's not there...

 

One thing to keep in mind about affirmative defenses is that YOU have to prove them to be true...personally the only affirmative defense worth using is LACK OF STANDING TO SUE. That is fairly easy to prove with the "evidence" that will be provided. Any other affirmative defense you have is not worth pursuing.

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NSPea, the 30 days for answering the summons are for filing your answer (the general denial) with the court, not necessarily for getting the answer in the hands of the plaintiff. You don't have to worry about FedEx overnight to have it in their hands by day 30 (Tuesday, as you indicated).

 

You'll need a third party who is at least 18 years old and not a party to the suit to serve your answer upon the plaintiff, this can be done by mail. Anything you mail to the plaintiff via US Postal Service should be mailed CMRRR (Certified Mail Return Receipt Requested - the little green slip). You'll need the proof of service by mail form if you do this. POS-030

 

Check out the link below, it'll explain this part of the process for you. It's titled "Responding to a Breach of Contract lawsuit", but the steps apply to this as well. Goto Step #4 which goes over service.

http://www.saclaw.lib.ca.us/pages/ans-k.aspx

 

You can have your person send out the response to the plaintiff and then you can file it with the court the same day. If the copy you had mailed to the plaintiff gets to them after day 30, that's okay, what matters is that you filed it with the court on time.

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NSPea, the 30 days for answering the summons are for filing your answer (the general denial) with the court, not necessarily for getting the answer in the hands of the plaintiff. You don't have to worry about FedEx overnight to have it in their hands by day 30 (Tuesday, as you indicated).

 

You'll need a third party who is at least 18 years old and not a party to the suit to serve your answer upon the plaintiff, this can be done by mail. Anything you mail to the plaintiff via US Postal Service should be mailed CMRRR (Certified Mail Return Receipt Requested - the little green slip). You'll need the proof of service by mail form if you do this. POS-030

 

Check out the link below, it'll explain this part of the process for you. It's titled "Responding to a Breach of Contract lawsuit", but the steps apply to this as well. Goto Step #4 which goes over service.

http://www.saclaw.lib.ca.us/pages/ans-k.aspx

 

You can have your person send out the response to the plaintiff and then you can file it with the court the same day. If the copy you had mailed to the plaintiff gets to them after day 30, that's okay, what matters is that you filed it with the court on time.

 

 

I understand doing it by USPS and sending CMRRR.  But doesn't FedEx cover basically the same thing?  But with FedEx, I can see the tracking, arrival time and signature online.  I can even send FedEx free - so can my person who is going to do the service by mail.  Actually doing by USPS is more troublesome.  

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Hi,

 

I am also from Los Angeles, California.

 

1. The general denial form  that you put in on, is ONLY for $1000 or less, please take a closer look ( in the middle where the big general denial wording, down under that) ....

 

2. If I am correct, you may want to consider using form PLD-C-010, you can find this :

 

http://www.courts.ca.gov/documents/pldc010.pdf  ( of course, you can go to same website and from there, then click FORMS/RULES, then search under pleading, you can see different one.

 

3. Like the ladies and gentlemen here, you may also consider to apply for "fee waiver", if approved, then you would not need to pay for filing, motions and many other fee(s). http://www.courts.ca.gov/selfhelp-feewaiver.htm

 

4. As for the Affirmative Defense(s): http://www.saclaw.lib.ca.us/uploads/files/forms/Attach4.pdf

One suggestion is to make sure the A-D you are about to select, would NOT be contradict to each other. Most of the people are rushing to make decision, & they think the more A-D the better, it is NOT neccessary the case. For example, the SOL -statue of limitation, if you stopped making payment & has been more than 4 years, SOL is good, IF yours is less than 4 years, not good !

 

5. Since your deadline is so close ( Tuesday, right! ) I really suggest you to personally go to the Court filing clerk office and submit your paper to answer / repy to Summon. Bring 2 copies of everything with you, they will need to "stamp" ( called file-stamp) the papers, they will keep 1 for the court, 1 copy - for yourself, 1 copy  send it to plaintiff attorney office.

 

6. After you turn in the papers to Court filing Office, next step is send a copy to Plaintiff.

 

Proof of service form: When mailing those document to plaintiff, it has to be done by someone else, that means, you can't take it to post office or take to UPS/ FEDEX to send it by yourself !! 

 

I know it's sounds crazy, but it has to be done by another person.

Take a look at form POS-30 or POS-40 or others you like:

http://www.courts.ca.gov/forms.htm?filter=POS

 

7. www.lasuperiorcourt.org is Superior Court of California website. Go to "case summary" and type in your case #, it then shows your case , from the Court's clerk filing office, what is the status of your case. It is very important you know what's going on, if plaintiff makes any move, such as motions, etc, they must file it with the court ( except Discovery papers), this way, you can see what's going on. DO NOT depend on plaintiff's notice / letter.

 

Keep in mind, most of the document, requires a reply within certain deadline, so pay attention to it.

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Hi,

 

I am also from Los Angeles, California.

 

1. The general denial form  that you put in on, is ONLY for $1000 or less, please take a closer look ( in the middle where the big general denial wording, down under that) ....

 

2. If I am correct, you may want to consider using form PLD-C-010, you can find this :

 

http://www.courts.ca.gov/documents/pldc010.pdf  ( of course, you can go to same website and from there, then click FORMS/RULES, then search under pleading, you can see different one.

 

3. Like the ladies and gentlemen here, you may also consider to apply for "fee waiver", if approved, then you would not need to pay for filing, motions and many other fee(s). http://www.courts.ca.gov/selfhelp-feewaiver.htm

 

4. As for the Affirmative Defense(s): http://www.saclaw.lib.ca.us/uploads/files/forms/Attach4.pdf

One suggestion is to make sure the A-D you are about to select, would NOT be contradict to each other. Most of the people are rushing to make decision, & they think the more A-D the better, it is NOT neccessary the case. For example, the SOL -statue of limitation, if you stopped making payment & has been more than 4 years, SOL is good, IF yours is less than 4 years, not good !

 

5. Since your deadline is so close ( Tuesday, right! ) I really suggest you to personally go to the Court filing clerk office and submit your paper to answer / repy to Summon. Bring 2 copies of everything with you, they will need to "stamp" ( called file-stamp) the papers, they will keep 1 for the court, 1 copy - for yourself, 1 copy  send it to plaintiff attorney office.

 

6. After you turn in the papers to Court filing Office, next step is send a copy to Plaintiff.

 

Proof of service form: When mailing those document to plaintiff, it has to be done by someone else, that means, you can't take it to post office or take to UPS/ FEDEX to send it by yourself !! 

 

I know it's sounds crazy, but it has to be done by another person.

Take a look at form POS-30 or POS-40 or others you like:

http://www.courts.ca.gov/forms.htm?filter=POS

 

7. www.lasuperiorcourt.org is Superior Court of California website. Go to "case summary" and type in your case #, it then shows your case , from the Court's clerk filing office, what is the status of your case. It is very important you know what's going on, if plaintiff makes any move, such as motions, etc, they must file it with the court ( except Discovery papers), this way, you can see what's going on. DO NOT depend on plaintiff's notice / letter.

 

Keep in mind, most of the document, requires a reply within certain deadline, so pay attention to it.

 

1. I used PLD-050 because while I am just over $1000, it was unverified.  

 

3.  Yes, I am filing a fee waiver.  I may not qualify but going to try.  

4. Did I say anything about SOL?  I do not think I did.  I know I am under 4 years still.  Were there any others that contradicted each other? 

5.  Yes, once I get some people to confirm my DAs are acceptable, I will leave work to file.  

6.  A close friend is going to do my service by mail.  We would prefer FedEx over USPS though as we can do this for free and it is much more convenient for both of usl  

7. I have been watching this case since July when I first found it was filed.  I was not served until end of September.  

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I have softwares at work I don't have at home that allows me to copy the ADs now. 


 


1. Plaintiff fails to state a cause of action against the defendant.

2. Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain

this action.

3. The court would unjustly enrich the plaintiff by granting the relief sought herin.

4. The plaintiff has not proven the cost of damages is accurate. Defendant insists that the plaintiff

come up with the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herin with prejudics.
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I understand doing it by USPS and sending CMRRR.  But doesn't FedEx cover basically the same thing?  But with FedEx, I can see the tracking, arrival time and signature online.  I can even send FedEx free - so can my person who is going to do the service by mail.  Actually doing by USPS is more troublesome.  

Ah, gotcha. I misunderstood and thought you were concerned about when your answer would get to the plaintiff.

 

FedEx or CMRRR letter would accomplish the same purpose. For overnight delivery you'd want to use a different POS than the one I attached. POS-040 has a check box for overnight .

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