Summoned&Scared

Answer to Summons and Complaint Help Desperately Needed

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I was just served a summons by Calvary SPV.  I know I need to answer but there are many discrepancies in their complaint.  They allege that they have previously made demand for payment which they have not.  They state they have purchased an account from capital one.  To prove the purchase of the debt they have some sort of bill of sale(I have attached a copy)  The bill of sale has NO INFO whatsoever to state that they purchased an account with my name and in fact they have "whited out" quite a bit of information.  They do attach a copy of an old bill with my name from capital one but the amount that the bill they attached is less than the amount they say I owe.  The complaint itself has no court date. But when I go to the court's website I see  the following information with regards to a court date{02/01/2019 at 08:30 AM  OSC 3.740 COLLECTIONSDEFAULT JUDGMENT} Does this mean my court date isn't until 3 years away?   I am not sure if this is important or not but on the court website they have my middle name incorrect.  My middle name starts with the same letter as the incorrect name they have on file with the court.   On the complaint they just have my middle initial.  Any assistance anyone can provide would be most appreciated

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OK, sounds like arbitration is not an option but you still have a lot to work with. 

A few things you need to give us is when the answer to the summons is due and who are listed as plaintiffs.  Can you upload the complaint and summons? 

Look hard for any letters from them, or any phone calls. 

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Thank you so much for responding to my questions.  The last payment stated on the complaint was January 2014.  The response/answer would be due just before the end of the month(March).  The plaintiff is listed as "Calvary SPV I, LLC" I have never heard of this company and I have no letters, demands etc  whatsoever from them. I have never received any calls from them.  Although I truly appreciate you trying to assist me, I must admit that I am not very comfortable posting a copy of the complaint as it contains so much of my personal information but I am hoping that you would still be willing to assist me.  Any help, advise etc I would truly appreciate and I am hoping you can understand my hesitation in posting the complaint.  

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15 hours ago, Summoned&Scared said:

Thank you so much for responding to my questions.  The last payment stated on the complaint was January 2014.  The response/answer would be due just before the end of the month(March).  The plaintiff is listed as "Calvary SPV I, LLC" I have never heard of this company and I have no letters, demands etc  whatsoever from them. I have never received any calls from them.  Although I truly appreciate you trying to assist me, I must admit that I am not very comfortable posting a copy of the complaint as it contains so much of my personal information but I am hoping that you would still be willing to assist me.  Any help, advise etc I would truly appreciate and I am hoping you can understand my hesitation in posting the complaint.  

No worries,. Yes, if you do post anything white out any identifiable info.  If it is not too short you could just type up the claims, this will help us. 

Calvary is just a Junk Debt Buyer (JDB) so the odds of them having good information is very slim. This will take some work but you should be able to battle them. 

First step is answering the summons, so as much info regarding the claims the better.  We can help craft an answer. 

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Sure I can upload the complaint itself and just white out information and will do so before days end.  The way I see it the most important thing is filing a proper answer on time.  I have started a rough draft using form PLD-050 as the complaint is not verified and is less than 2,200.00. I found a template on affirmative defenses from the Sacramento County Law Library in my state.  Its a different county but I believe it would suffice.  Although it is a rough draft I can upload what I have and if you are willing perhaps you can give me your imput.  I figure once I protect myself with an answer I can always amend it later.  What do you think?

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6 minutes ago, Summoned&Scared said:

Sure I can upload the complaint itself and just white out information and will do so before days end.  The way I see it the most important thing is filing a proper answer on time.  I have started a rough draft using form PLD-050 as the complaint is not verified and is less than 2,200.00. I found a template on affirmative defenses from the Sacramento County Law Library in my state.  Its a different county but I believe it would suffice.  Although it is a rough draft I can upload what I have and if you are willing perhaps you can give me your imput.  I figure once I protect myself with an answer I can always amend it later.  What do you think?

That sounds good. I would like to see others who know CA courts to give some input re: affirmative defenses, often times they are not needed at this stage or a waste of time. Search around here a bit also. 

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This post is awesome!!!!!! Thank you so much for sending that to me.  I am uploading a copy of my suit now.  It is 4 pages long.  There were 2 exhibits attached (one which I already posted and the other was a bill from the credit card company ( I didnt post the bill)that had an entirely different amount than they have stated in their suit.  There is also a document saying why this court is the proper venue.  From what I am gathering from that post a general denial is probably the best and easiest.  Again thank you so much for your help. Let me know if you agree that a general denial is best after reading the suit....many thanks again

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A general denial sounds good to me.  You may want to find a card agreement from the time of your last payment.  That way you can look at the interest they are charging, that is probably the difference you see in the amounts and it could be a violation is the percentage is wrong. 

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You are probably correct.  I  attempted to do the math myself but I still come out with a different amount.    I  am attaching the General Denial.  basically it just looks like I have to fill in my name and the case info.  After reading that thread you sent me. I know there has to be a proof of service.  So if i am understanding correctly. File my response, serve the Plaintiff, then I suppose I need file the proof of service with the court?  Also, if I may ask when would you start to do a request for documents? Would you serve it with your answer?

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I think the denial is correct, I would like to see someone comment on the verified vs. not verified aspect. I don't think yours is verified.

You will want to be directed to a good source for California court rules, each state is different. I know in my state I give them my Certificate of Service at the same time I am filing something. I just make sure I send it the day I file.  Plus ALWAYS send it Certified Mail Return Receipt Requested (CMRRR), it costs about $6 bucks but it is worth it. 

Court rules should dictate how fast you request docs. I would not do it with the answer. 

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Ok I am trying to complete the Proof of Service.  The document I am filing is a General denial(i have uploaded a copy of the form I am filing previously) On the proof of service ( where it says document being served--do I put ANSWER TO COMPLAINT? Or GENERAL DENIAL? Or should I just put ANSWER TO COMPLAINT-GENERAL DENIAL???? any suggestions?

 

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It looks like you got things handled well.

You can send discovery request right away (but don't do it with the answer). There's a simple and effective Request for documents on ASTMedic's thread, or you can start by sending a demand for  Bill of Particulars (BOP) which may also be on ASTMedic's thread (but if not there's one here somewhere). You can look up the code CCP 454, and the language you would use for the BOP demand, as well as the rules on this are right there.

Discovery request are not filed with the court, and should be sent CMRRR.

 

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Thank you all for the answers on the proof of service and discovery.  Words can not express my gratitude.  The more I read however the more confused I get.  I know I am going to do a general denial.  But several of the threads on here state that if I do not state any affirmative defenses I will not be able to bring them up later on.   I thought about just using the affirmative defense of AMBIGUITY since the complaint itself has so much information redacted and it would allow me to amend my answer at a later time.  Although,  I see several other affirmative defenses such as UNCLEAN HANDS, FAILURE TO STATE CAUSE, FAILURE TO MITIGATE, all of which are legitimate affirmative defenses for my case it almost seems that by citing those affirmative defenses would basically be disclosing my entire defense to the plaintiff. I know ASTmedic was extremely successful with just the general denial and I am inclined to go that way but at the same time I get so scared that I wont have as understanding of a judge as they did.  So here I sit so very undecided as to whether to include affirmative defenses or not.   I have read more threads that say to use them then not to.  I have also read not to use boiler plate versions and to be detailed but it just seems that if I do use them and am detailed its like handing over my defense on a silver platter........If anyone has used a general denial ( on an unverified complaint) and was barred later on from using  any affirmative defenses I would love to hear about that or from anyone who may have any insight to my situation......ANY feedback is most appreciated

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Welcome.

You are doing a great job already. 

As far as the proof of service is concerned, I recommend that you put the exact title of the document you are serving on the proof.  In your case, that would be "General Denial" or "General Denial of Summoned and Scared".

As far as affirmative defenses are concerned, don't worry too much about them.  The complaint contains very little detail.  This is common but it makes it hard to discover defenses.  If you later discover a legal defense of which you were unaware at the time you filed your answer, you can ask the court to permit you to amend your answer and allege it.  For now, I would, however allege the statute of limitations as a "protective defense" especially if you don't know whether the allegation of last payment is correct.  You can just say "THe complaint, and each case of action alleged therein, is barred by the applicable statute of limitations".

Consider sending a BOP at the time you answer.  You won't get much in return, but the response will help you when plaintiff serves YOU with discovery (See 1111girl's thread).

Finally, about the date on your docket "02/01/2019 at 08:30 AM  OSC 3.740 COLLECTIONSDEFAULT JUDGMENT".  THat is not a trial date.  THat is a "tickler" the court is putting on the calendar to make sure that this case is over, one way or another, by 2/1/19.  "OSC" is an "Order to show cause".  THe Court has that there to remind it to issue such an order to the plaintiff if the case is not resolved by judgment or dismissal on that date.

 

Good luck.

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Thank you so much for the welcome and thank you sooo much for explaining to me what an OSC is.   So if I am understanding correctly calawyer, Just do the General Denial and cite only Statute of Limitations as my only affirmative defense.  You had stated to send the Bill of Particulars at the same time as my answer.  Do you recommend sending this under separate cover with it own Proof of service or with my General Denial and include that document on the same Proof of Service and file that with the court?  I would like to personally thank you for taking your time to assist me and hopefully I can join the ranks of all those who have succeeded.

Many thanks again.

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I would send the BOP as soon as I have it ready, even if my answer is not filed. during my case I sent BOP almost 3 weeks before filing my General Denial.  after all BOP is not discovery but an amplification of the complaint.

 

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Ok I think I am ready to file my answer and do the bill of particulars.  The proof of service seemed relatively easy just make sure the person who serves is not a party to the action.  I am posting both my answer and bill of particulars.   I used form POS 030( proof of service by mail) for my proof of service ( for both the answer and the bill of particulars) .  I did see there was form POS 040( POS civil) If anyone thinks one proof of service is better than another please let me know.  Also if anyone has anything they they would like to critique my on or any further suggestions  please let me know.  If not,  than I will be sending these off . Many thank again and WISH ME LUCK!!!! 

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I would stick to 030, and use 040 unless you are overnighting any documents or faxing them.

 

I would add that you do can serve the documents before filing them with the court. plaintiff is not required to have a stamped copy of your answer. it may save you a trip back to court or the post office to file the proof of service.

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Okay so I filed my response and sent out my BOP.  I have already received my certified return receipts.  Today, I received a call from the attorneys office and they left a message saying they were a debt collector and to please call them back.  I have not called them back as I am not sure if talking to them is prudent and in my best interest.  Any help or suggestions on how to handle this would be greatly appreciated.

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