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Summons by Calvary SPV


paco21
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Hello folks, first of let me send out a thanks boy am I glad I ran into this site so much information, knowledge, and some pretty great folks all put into one place Awesome. Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days (I know I should not have waited this long but I did have to deal with some pretty hard personal issues during these past weeks). So Calvary SPV is suing me as assignee of Citibank NA here in California for under $5,000 the summons includes a photocopy of a credit card statement (does this mean verified) I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification.

 

Thanks in advance

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Ok so after having a cram session all day Sunday and the wee hours of Monday I have my action plan which I will be going forward with so if anyone finds anything they might suggest or that I might be doing wrong please let me know and also what are the next steps.

 

I have 2 copies of general denial (PLD-050) along with two copies of proof of service (POS-030)

I will be headed to file with the clerk 2 copies of each getting them stamped and filed one and the other copy I will have my neighbor do the serving at my local post office it is my understanding you go to the court first get copies stamped and then head out to the post office and have them sent. Quick questions do proof of service need to be filed with the court. And I have started on my BOP so I can get the ball rolling. let me know if im missing anything

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"Now to the not so awesome thing I was served a couple weeks ago and need to make a move as my 30 days will be up in the coming days"

 

You have 30 days to answer the complaint unless you were served by substitute service. meaning the summons were handed to someone else on your behalf and a copy was mailed later to you.

 

" the summons includes a photocopy of a credit card statement (does this mean verified)"

This probably just means that the debt was sold or resold sometime after January 1, 2014. if only one statement was attached probably means that you are being sued for Money Lent and/or Account Stated.

 

 

"I know my first thing to do is respond to the summons and ask for verification but would like to see if I can get a more detailed info on how to do that correctly and ask you members does a statement show proof of verification."

 

it may be a bit too late for verification, but you can send a request for Bill of Particulars even before filing your general denial.

 

verified complaints are very rare, I have yet to see or know of anyone the last couple of years that has received a verified complaint from a jdb. if it is verified, you will have a declaration letter with the title "VERIFICATION" or it may have "verified" on the captions

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"I have 2 copies of general denial (PLD-050) along with two copies of proof of service (POS-030)

I will be headed to file with the clerk 2 copies of each getting them stamped and filed one and the other copy I will have my neighbor do the serving at my local post office it is my understanding you go to the court first get copies stamped and then head out to the post office and have them sent. Quick questions do proof of service need to be filed with the court. And I have started on my BOP so I can get the ball rolling. let me know if im missing anything"

 

yes, the proof of service has to be filed with the court. if you do it the way you mention you will have to go back to court after serving them, or I believe you can mail them back. i would rather serve the general denial first, then file with the court the complaint and the proof of service. the answer you send to plaintiff does not have to be stamped.

 

i did it that way and it saved me extra time driving and waiting in line to file the POS.

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"So you are saying go to post office first send general denial with POS and take the general denial along with pos to courthouse"

 

yes, you should have right now three sets of GD and POSs. one set of copies copy i would send to the plaintiff before filing with the court. the POS i sent to plaintiff i would send it unsigned. after all section 4 states: I served the documents.... my copy and the one i file with the court are both signed. this is just technical, but if your copies are already signed, it will not matter.

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ok got it now I'm second guessing myself originally in section 5 of the pos-030 where it states name and address of person being sued I originally put cavalry and the address of the attorney but now im thinking do i have to put name of the law firm or the bank

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How I'd do it: Take the originals of the General Denial & a filled out (but unsigned) POS and make a copy of each. Have you neighbor send (serve) the copies to the plaintiff's attorney by regular mail. Have the neighbor sign the original POS and take that plus the original GD to your court. Time stamp the GD then ask the clerk to make a copy of both the answer and POS and keep those, file the originals.

 

I wouldn't bother sending the general denial to the plaintiff CMRRR. I think the POS is good enough since nothing hinges on proving they received it. Save the $. Most everything else you'd send to the plaintiff (discovery requests/responses, trial brief, CCP96) should be CMRRR.

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i like RyanEx post, only i will mention that in the court of Orange County, some clerks refused to make copies for me. i had to bring my own copes or use the public copier located on the 3rd floor, which charges, i think $.25 per copy. one of them was nice enough to make copies for me the first time i went. it may vary depending which court you go to, im sure some are nice enough to make copies, in OC are stingy with their paper. LOL

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i like RyanEx post, only i will mention that in the court of Orange County, some clerks refused to make copies for me. i had to bring my own copes or use the public copier located on the 3rd floor, which charges, i think $.25 per copy. one of them was nice enough to make copies for me the first time i went. it may vary depending which court you go to, im sure some are nice enough to make copies, in OC are stingy with their paper. LOL

 

True, some clerks aren't very helpful. Maybe make a few extra copies just in case, and hopefully the clerk will make a copy of the time-stamped GD that is to be filed/or there is a copier elsewhere on site.

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The copy of the general denial that goes to the plaintiff doesn't have to be stamped by the clerk . If you are going to be limited in the number of stamped copies you get; I would keep the stamped copy for my records. Let the lawyer look it up if he wants to know if it was really filed with the court.

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ok got it thank you,

so now to the CMRRR (I'm a go ahead and use it thanks RyanEX for your input still going to use it to feel more at ease)

since im having a cousin of mine serve the paper at the post office does the cmrrr have to be under his name and address or can I put my name and adress

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ok got it thank you,

so now to the CMRRR (I'm a go ahead and use it thanks RyanEX for your input still going to use it to feel more at ease)

since im having a cousin of mine serve the paper at the post office does the cmrrr have to be under his name and address or can I put my name and adress

 

Your name/address on the envelope. I don't think you have to put sender's name/addy on the CMRRR slip, but if you do it would also be your name/addy.

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