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Does This Count as a Verification?


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I am being sued by CACH in Calfiornia, I was just served , and I am trying to figure out whether I can do a general denial , which seems to hang on whether a summons is Verifiied.

 

I thought the summons was Verified because there is a page that has "Verification" at the top but it seems  to be just the lawyer confirming that they are licenced to practice in California and that they believe the venue is correct. The only thing they say with regards to the allegations is "Defendant lived in this judicial District when the contract was entereed into; or the contract was in fact signed by Defendant in this Judicial District". Is this considered a "Verification" in terms of what kind of denial I can do?

 

Also, what I find interesting here is that the the total Summons is like three pages with just two causes of actions, "Account Stated" and "Money Lent Paid or Expended". They did not attach any documentation related to my original account with the creditor or any information showing me that the JDB can even collect on the debt.  Given how slim all this paperwork is my guess is that they are just hoping I willl panic and call them to settle or something.

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I am being sued by CACH in Calfiornia, I was just served , and I am trying to figure out whether I can do a general denial , which seems to hang on whether a summons is Verifiied.

 

I thought the summons was Verified because there is a page that has "Verification" at the top but it seems  to be just the lawyer confirming that they are licenced to practice in California and that they believe the venue is correct. The only thing they say with regards to the allegations is "Defendant lived in this judicial District when the contract was entereed into; or the contract was in fact signed by Defendant in this Judicial District". Is this considered a "Verification" in terms of what kind of denial I can do?

 

That sounds like a venue declaration.  A verification of the complaint has someone swearing, under penalty of perjury, that they have read the allegations of the complaint and knows or believes that they are true.  Here is an exemplar of a verified complaint.  The verification is on the last page:  http://cluebytwelve.net/monkeys-lawsuit/complaint.pdf

 

Also, what I find interesting here is that the the total Summons is like three pages with just two causes of actions, "Account Stated" and "Money Lent Paid or Expended". They did not attach any documentation related to my original account with the creditor or any information showing me that the JDB can even collect on the debt.  Given how slim all this paperwork is my guess is that they are just hoping I willl panic and call them to settle or something.

 

Pretty typical but California does not require a plaintiff to submit "evidence", just a short and plain statement of the claim.  Evidence is what we get in discovery.

 

By the way, when you are ready so send a Request for Production of Documents, you will want to ask for the "contract referred to in the declaration of [attorney's name]."  I think that might tweak them a bit.  They probably won't be able to produce it, so how were they able to say, under penalty of perjury, that you signed it in the judicial district?

 

 

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Thanks for the response. It looks like they have some of the required language but not everything that is required. The pertinent language is as follows:

 

"I am the attorney of record for the plaintiff in the above-entitled matter.Said plaintiff  is absent from the county in which I have my office and for that reason I am making this verification on it's behalf.

I have read the foregoing documents and know the contents thereof. Based on the business records of the Plaintiff and my review of available factual information, venue lies properly with this court becusae (i) Defendant lives in this judicial district at the time this action is commenced; (ii) Defendant lived in this judicial district when the contract was entered into; or (iii) the contract was in fact signed by the Defendant in this judicial district. I declare under penalty of perjury under the laws of  the state of California that the foregoing is true and correct."

.

 

I guess  this could be considered verified but what's a bit odd is that they seem to leave off any reference  to actually believing that the matter stated in the document are true. All they say is that they know the contents of the document and then go into they believe the venue is correct. I am almost wondering if they are being a bit obscure in hopes that I will answer incorrectly...

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Thanks. I think I am going to go ahead and just file the regular answer and not a general denial, it does not take much more work to do that but a couple of additional questions, if you don't mind.

 

First, is there any beneift to waiting a little bit to send the Answer. I don't want to wait  until the last minute but I was planning on sending it in a couple of weeks, which would still quite far from the actual thirty day cut-off.

 

Secondly, I have been seeing a lot about asking for a Bill of Particulars, is this something I should do as well and I should I do that before, after or at the same time I send the answer? I know it does not have to be served but I was thinking I might just include it with the answer.

 

Third, and this is more procedural, can the person who does service by mail have the same address as me, as long as they are an adult?

 

Thanks again!

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First, is there any beneift to waiting a little bit to send the Answer. I don't want to wait  until the last minute but I was planning on sending it in a couple of weeks, which would still quite far from the actual thirty day cut-off.

 

Sure - gives you more time to study codes, cases, and strategies.  Also allows you to get a BOP in first.

 

 

Secondly, I have been seeing a lot about asking for a Bill of Particulars, is this something I should do as well and I should I do that before, after or at the same time I send the answer? I know it does not have to be served but I was thinking I might just include it with the answer.

 

Yes, you should send a BOP; you can send it at anytime - I would suggest before filing your answer; it does need to be served (on plaintiff), but not filed (with the court).

 

 

Third, and this is more procedural, can the person who does service by mail have the same address as me, as long as they are an adult?

 

 Yes

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Don't forget to send everything CCRR, even things you send to the court- It's important for proof, but also helps you keep a timeline of what you are doing on their case. I would also keep a calendar of everything as well. If you have court appearances its a good idea to calendar them 2X, meaning a reminder a week before the date for a reminder.

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Thanks for the response. It looks like they have some of the required language but not everything that is required. The pertinent language is as follows:

 

"I am the attorney of record for the plaintiff in the above-entitled matter.Said plaintiff  is absent from the county in which I have my office and for that reason I am making this verification on it's behalf.

I have read the foregoing documents and know the contents thereof. Based on the business records of the Plaintiff and my review of available factual information, venue lies properly with this court becusae (i) Defendant lives in this judicial district at the time this action is commenced; (ii) Defendant lived in this judicial district when the contract was entered into; or (iii) the contract was in fact signed by the Defendant in this judicial district. I declare under penalty of perjury under the laws of  the state of California that the foregoing is true and correct."

.

 

 

That language does not constitute a verification of the complaint.  It is just attesting to proper venue.  You can file a general denial if you wish.  It is a much easier document to prepare and you do not have to deny every paragraph of the complaint.

 

I would also advise against "sending" the answer to the Court.  I would take it to the clerk's office and get a file-stamped copy to bring home for your records.  That way you know it has been filed.  If it gets lost in the mail or gets lost in the clerk's office, plaintiff may request a default.  Although the Court will grant relief from default if you ask promptly, there is just no reason to run the risk.

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