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Good evening,

I am at my wits end trying to figure out how to answer this summons I received on March 29, 2016 at my place.

I have been reading the forums and was thinking maybe I should do the "general denial" form. I on the complaint it states 

"the true names and capacities, of defendants named herin as DOES 1 through 5, inclusive, are unknown to plaintiff, who therefore sues said defendants by such ficticious names, and plaintiff will amend this complaint to show their true names and capacities when  the same have been ascertained."

Quick overview of my story, Feb 2014 out on disability from work, exhausted disability went to unemployment, lost unemployment Feb 2015.. since then I have been struggling. Now fighting for custody of my daughter in the courts currently, I am in need of bugtime help. Oh, I am not working, going through some disability challenges. 

Thank you for whatever help I am able to get. 

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Credit card debt. $3600.00 appRox. im just overwhelmed, trying to get my daughter into a safe environment. Then this thing is served to me.  Plus I am on county general assistance, so they can't get anything out of me. I would like to answer and get at least that part out of my face. 

 

 

 

 

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There is a list of questions pinned at the top, answer those so we can help you.  Who is suing you? Last time you paid on it? Was it a credit card?

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It is very important that you remain calm and focused.  I know you feel the world is coming down on you now, but you will be all right.  

Shellie was right. We have been quite successful in CA,  with members like her and @Anon Amos  @calawyer  etc.

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There are several people here who can help you with what needs to be done, and you still have plenty of time to file your answer. It sounds like you are collection proof anyway,  so don't get too stressed over this. Concentrate on getting things straight for you daughter, but just don't be late answering the complaint.

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Welcome.  Don't worry.  We will help.  Answering the questions is important, but the most important thing right now is your answer.  On what date were you served with the summons and complaint.

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26 minutes ago, calawyer said:

Welcome.  Don't worry.  We will help.  Answering the questions is important, but the most important thing right now is your answer.  On what date were you served with the summons and complaint.

March 29th @ 8:30 pm

In the "complaint for money" # 2 it says fictitious names

I uploaded my docs and have them if there is anything that you would like to see. 

Any help is truly appreciated. 

Edited by CANTTAKETHISSTRESS
added a note

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Here is the form you will probably use to answer the complaint.  It is called a “General Denial:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

You can use this form if the complaint is not verified and, under certain circumstances listed on the form itself, even if it is verified. A complaint is verified when the plaintiff swears that the facts set forth in the complaint are true. The advantage of using this form (if you can) is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.

 

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

There is also a procedure in California where an attorney can verify a complaint for her client if the client is outside of the County where the lawyer maintains her office. In that case, it will say the client is outside the county and the attorney is verifying on the client's behalf.

 CCP 446:  Attorney verification should say that attorney  has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true.

 

Most Debt collection complaints are not verified, but you should check to make sure. If your complaint is not verified, you can use the very simple form above to answer.  You might also want to request a fee waiver.  If the Court grants the waiver, you will not have to pay any fee to file the answer. 

 

 

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15 minutes ago, calawyer said:
50 minutes ago, calawyer said:

Here is the form you will probably use to answer the complaint.  It is called a “General Denial:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

You can use this form if the complaint is not verified and, under certain circumstances listed on the form itself, even if it is verified. A complaint is verified when the plaintiff swears that the facts set forth in the complaint are true. The advantage of using this form (if you can) is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.

 

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

There is also a procedure in California where an attorney can verify a complaint for her client if the client is outside of the County where the lawyer maintains her office. In that case, it will say the client is outside the county and the attorney is verifying on the client's behalf.

 CCP 446:  Attorney verification should say that attorney  has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true.

 

Most Debt collection complaints are not verified, but you should check to make sure. If your complaint is not verified, you can use the very simple form above to answer.  You might also want to request a fee waiver.  If the Court grants the waiver, you will not have to pay any fee to file the answer. 

 

 

 

Do I type anything in the blue box in the middle of the document? 

Also, I have read on a few different  forums to type on the answer something about  "arbitration" or "jury trial" can you elaborate on those two and if that is

something I might want to do?

Thank you so very much by the way :)

 

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20 hours ago, calawyer said:

Here is the form you will probably use to answer the complaint.  It is called a “General Denial:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

You can use this form if the complaint is not verified and, under certain circumstances listed on the form itself, even if it is verified. A complaint is verified when the plaintiff swears that the facts set forth in the complaint are true. The advantage of using this form (if you can) is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.

 

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

There is also a procedure in California where an attorney can verify a complaint for her client if the client is outside of the County where the lawyer maintains her office. In that case, it will say the client is outside the county and the attorney is verifying on the client's behalf.

 CCP 446:  Attorney verification should say that attorney  has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true.

 

Most Debt collection complaints are not verified, but you should check to make sure. If your complaint is not verified, you can use the very simple form above to answer.  You might also want to request a fee waiver.  If the Court grants the waiver, you will not have to pay any fee to file the answer. 

 

 

 

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20 hours ago, calawyer said:
20 hours ago, calawyer said:

Here is the form you will probably use to answer the complaint.  It is called a “General Denial:
http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

You can use this form if the complaint is not verified and, under certain circumstances listed on the form itself, even if it is verified. A complaint is verified when the plaintiff swears that the facts set forth in the complaint are true. The advantage of using this form (if you can) is that you don't need to go paragraph-by-paragraph through the complaint denying or admitting each one.

 

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

There is also a procedure in California where an attorney can verify a complaint for her client if the client is outside of the County where the lawyer maintains her office. In that case, it will say the client is outside the county and the attorney is verifying on the client's behalf.

 CCP 446:  Attorney verification should say that attorney  has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true.

 

Most Debt collection complaints are not verified, but you should check to make sure. If your complaint is not verified, you can use the very simple form above to answer.  You might also want to request a fee waiver.  If the Court grants the waiver, you will not have to pay any fee to file the answer. 

 

 

 

Bump

 

Do I type anything in the blue box in the middle of the document? 

Also, I have read on a few different  forums to type on the answer something about  "arbitration" or "jury trial" can you elaborate on those two and if that is

something I might want to do?

Thank you so very much by the way :)

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On ‎4‎/‎11‎/‎2016 at 4:35 AM, CANTTAKETHISSTRESS said:

Bump

 

Do I type anything in the blue box in the middle of the document? 

Probably not. Unless you believe it may be past the SOL, then you really don't need affirmative defenses.

Quote

Also, I have read on a few different  forums to type on the answer something about  "arbitration"

I wouldn't use arbitration in Cali. We have good laws and a good win rate here, and arbitration isn't nearly as effective as people claim in CA.

Quote

or "jury trial" can you elaborate on those two and if that is

something I might want to do?

I would demand a jury trial if it were mine, but I suspect that it wouldn't be for most people. It adds a very large amount of paper work and preparation. You also have to pay the jury fees.

Quote

Thank you so very much by the way :)

No problem.

 

@BV80 Can you move this to the legal section?

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I want to say thank you to everyone for your help with this matter.  Without this forum, I would not have been able to do this.

The Sacramento Law Library downtown, reviewed my document and made sure that the "General Denial" was the one to use, and it was.

Appreciate it tons, may God bless each and everyone of you that are here helping people that need advise.

 

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Once you get the answer filed with the court, you will want to move onto the Bill of Particulars... should buy you some more time... 

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Hello,

Well, I filed with the  General Denial, attorney fees are waived, Here is what I just received.

What can be recommended I do now? PLease help :(

 

1) Settlement Opportunity from the Attorney. It states the following:

Dear xxxxxx

As you are aware our office has been retained by XXX XX with regard to the above-referenced action.

We rec'd a copy of your Answer to the Complaint. I am writing to see if you are interested in discussing the matter in an effort to reach an agreement and thereby avoid the necessity of discovery, a trial or further action.

If you would like to discuss a repayment plan or settlement, (please contact my legal assistant bla bls bla 999-999-9999) 

------------------------------------------------------------------------------

Attached to this "Settlement Opportunity" letter is :

Requests for Admissions

Proof of Service

 

 

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1 hour ago, CANTTAKETHISSTRESS said:

Hello,

Well, I filed with the  General Denial, attorney fees are waived, Here is what I just received.

What can be recommended I do now? PLease help :(

 

1) Settlement Opportunity from the Attorney. It states the following:

Dear xxxxxx

As you are aware our office has been retained by XXX XX with regard to the above-referenced action.

We rec'd a copy of your Answer to the Complaint. I am writing to see if you are interested in discussing the matter in an effort to reach an agreement and thereby avoid the necessity of discovery, a trial or further action.

If you would like to discuss a repayment plan or settlement, (please contact my legal assistant bla bls bla 999-999-9999) 

------------------------------------------------------------------------------

Attached to this "Settlement Opportunity" letter is :

Requests for Admissions

Proof of Service

 

 

 

Naa, don't contact them.  It's just a 'boilerplate' letter they send as a last ditch effort, in hopes you will settle with them.  I'm sure the 'Request for Admissions' are generic as well.  The California 'experts' on the forum can easily help you with this.

Best of luck!

Jimmy

 

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Don't worry, this is how these things unfold.

First, IMO a CA defendant should fight because CA laws work in their favor. From what I have read, you don't have money to give them so fighting is probably your preferred option anyway. Unless you want to settle, you can ignore their offer to "discuss" settlement. If they call you, I would not answer any of their questions, I would tell them to communicate with you via written correspondence only and end the phone call.

Now, the Request for Admissions... what date does the proof of service indicate as the service date (the date that they placed it in the mail)? From that date count 35 calendar days forward - that is your deadline to serve your response (place your response in the mail). You get 30 days plus an additional 5 days because they mailed it to you. This date is very important, so double-check it and mark it down. If you miss the response deadline the plaintiff can request that the court deem all their requests as admitted and this would harm your case greatly.

All CA members have dealt with  Request for Admissions (RFAs) so there is plenty of help here. You can type out your requests here in your thread (omitting details you think would identify you or the account) and we'll help you answer. You can also look up CA threads involving your plaintiff and you'll likely find the exact same requests posted in those threads, which will help you answer yours.

Don't worry. I can tell you that in my case with Midland, I received 10 requests in their RFA and I denied them all, per the code. Here is the relevant section in the CA Code of Civil Procedure: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2033.210-2033.300, you should read it because it will help you understand the procedure and our suggestions.

Also, you should go ahead and initiate your own discovery. Make them start working too. Read ASTMedic's thread, it goes over discovery and has an example of requests that you can make of them.

Question: did they only send RFAs? They didn't send requests for production of documents or interrogatories, correct? If they didn't, there's a good chance they will in the future. Just a heads up. We can help with those too.

Also, I don't know what county you are in, but some counties do Case Management Conferences shortly after the answer has been filed. It's not a big deal. If your county does them, you'll get a notice in the mail and you'll see an update in your online case file. Just let us know if you get one.

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Hi I have a similar issue.   I  have NOT been served I  received a letter from a lawyer office informing me of the suit 

I have no idea what the suit is pertaining to.

I went online to the court letter said it was filed in and sure enough  there was a case filed on the 16th OF MAY 2019.

 I looked it said SUMMONS WAS ISSUED AND FILED on 16th May 2019

here is what the docket says..

case type: RULE 3.740 COLLECTIONS

on Docket ROA line 6 it says
PAYMENT RECEIVED BY LEGALCONNECT FOR 170-COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00 TRANSACTION NUMBER 12554682 AND RECIEPT NUMBER 12378567

line 7  E-FILING TRANSACTION 3795166 RECEIVED ON 05/24-2019 08:52-28 AM

 

LIKE I SAID I HAVE NO CLUE WHAT THIS IS ABOUT? OR WHO THE COMPANY PLEASE TELL ME WHAT I NEED TO DO

 

PLEASE SOMEONE ANSWER ME
 

 

..

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On 6/5/2019 at 8:47 PM, Kirbyheath said:

Hi I have a similar issue.   I  have NOT been served I  received a letter from a lawyer office informing me of the suit 

I have no idea what the suit is pertaining to.

I went online to the court letter said it was filed in and sure enough  there was a case filed on the 16th OF MAY 2019.

 I looked it said SUMMONS WAS ISSUED AND FILED on 16th May 2019

here is what the docket says..

case type: RULE 3.740 COLLECTIONS

on Docket ROA line 6 it says
PAYMENT RECEIVED BY LEGALCONNECT FOR 170-COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 225.00 TRANSACTION NUMBER 12554682 AND RECIEPT NUMBER 12378567

line 7  E-FILING TRANSACTION 3795166 RECEIVED ON 05/24-2019 08:52-28 AM

LIKE I SAID I HAVE NO CLUE WHAT THIS IS ABOUT? OR WHO THE COMPANY PLEASE TELL ME WHAT I NEED TO DO

PLEASE SOMEONE ANSWER ME

You can always go to the courthouse and get a copy to find out the details - otherwise you can wait, sooner or later they will get around to serving you . Keep an eye on your online case file for any updates. In the meantime you can browse the forum, get a feel for CA cases, etc. Hard to say anything else without knowing the nature of your suit.

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