freeze

Sued in California

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Hi,

 

I'm being sued by Winn Group on behalf of Calvalry. Attached to their summons is one of my billing statements as an exhibit. I plan on responding to the suit, but have no idea which/what form to fill out and to go about the process. Any advice would be appreciated.

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Is the complaint verified? Meaning that is there a verification (very unlikely). Most likely the form you need is pld-050

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I don't have it in my attachable files but if you Google pld-050 general denial, you will find the downloadable form

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11 minutes ago, sadinca said:

Is the complaint verified? Meaning that is there a verification (very unlikely). Most likely the form you need is pld-050

How do I tell if the summons is verified? Thanks for the form #.

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30 minutes ago, sadinca said:

Is the complaint verified? Meaning that is there a verification (very unlikely). Most likely the form you need is pld-050

I believe it is verified--signed by the attorney.

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Sometimes it's stated on the first page on the complaint on the caption. But There will be a page saying "verification", signed by the lawyer. Not to be confused with the verification if venue, that I've just startes that the courthouse the complaintewas  filed in is the correct one. 

 

I'm yet to see a verified complain during the last 3 years here

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3 minutes ago, freeze said:

I believe it is verified--signed by the attorney.

Post, if you can, what the page that you think is the verification says, leaving out all identifiable information

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I believe it is not verified. On the caption just the case #, "LL Case", Complaint for Account Stated, and Demanded amount are listed.

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5 minutes ago, sadinca said:

Post, if you can, what the page that you think is the verification says, leaving out all identifiable information

Can I PM you the photo?

 

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15 minutes ago, sadinca said:

Post, if you can, what the page that you think is the verification says, leaving out all identifiable information

 

 

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See this post from calawyer regarding verification :)

http://www.creditinfocenter.com/community/topic/327543-urgenthelp-plzrec-summons-capital-one-thier-attorney/#comment-1341442

Quote

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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