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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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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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See this post from calawyer regarding verification :)

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

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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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5 hours ago, RyanEX said:

Wow. Thank you for that! I can confirm my summons is not verified. I will begin working on the general denial now. Any tips?

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  • 9 months later...

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