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Hello, I have a Limited Civil suit filed against me in Los Angeles. I need to file a response.
Anonymous2 views3 answers
I have been trying to figure out the correct response form to fill out. I have been unsuccessful figuring this out. PLEASE help!
I had a credit card in collections 3.5 years ago. I made a settlement with the collection agency and paid it. I was living out of the country and now I cannot find my proof. I have the bank searching for me now. I'm not sure if this is the same collection agency trying to double up on me or if the credit card agency sold the debt to more than one agency. I don't want to pay twice!
In the mean time I have to file this response and cant figure out the correct form. I would also like some clarity (instructions) how to file and inform the plaintiff.
And lastly, what to tell the plaintiff (lawyer) to have them prove I still owe it (which I don’t).
You can file either an Answer or General Denial. The form for the Answer is (Judicial Council Form PLD-C-010):
http://www.courts.ca.gov/documents/pldc010.pdf
The form for the General Denial is (Judicial Council Form PLD-050):
http://www.courts.ca.gov/documents/pld050.pdf
You need to send the court the original plus one copy to be conformed stamped, and mail a copy to the plaintiff's attorney. The Answer or General Denial should have a Proof of Service attached (signed by someone other than yourself).
You will probably have to conduct some written discovery to obtain documents from the plaintiff regarding the underlying debt, and any payments received. "Discovery" is the term used for obtaining information that will help a party in litigation prosecute or defend the case from other parties to the lawsuit. Discovery is typically conducted by propounding (picking and choosing from among pre-formatted questions or forming your own) and serving form interrogatories, specially prepared interrogatories, requests for admissions, inspection demands and notice of taking depositions.
You can also serve a Demand for Bill of Particulars.
http://www.attorneyqna.com/legal-guides/ugc/demand-for...
You need to file an answer to the complaint and include a general denial of the allegations in the complaint and also an affirmative defense that the debt has been resolved.
