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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  Since 1983
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I would like to file a respond to the plantiff complaint and

Resolved Question:

I would like to file a respond to the plantiff complaint and i would like to denies each and every allegation contained in plaintiff complaint. how do i do that????
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- You would prepare an answer to the complaint using the same heading as the complaint and where it says "Complaint" you would put "Answer". Then below in the body you would simply state "Defendant denies each and every allegation of Plaintiff's complaint".

 

Sign the answer, file it with the court and sent a copy to the Plaintiff or his attorney, whoever filed it.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
Relist: Other
OK
Expert:  N Cal Attorney replied 5 years ago.
Is the complaint on a Judicial Council form, or is it on pleading paper?

What is the complaint for?
Customer: replied 5 years ago.

This is a Breach of Contract case. The Plaintiff's file a request for a Default and Default judgment, the court Granted it. I filed a CCP sec. 473.5 Motion that the Defendant did not received actual service of the summons and complaint and my motion was granted. The court order me to respons to the complaint. My response was like you said, I file the respones denied each and every allegation contained in the Plaintiff's complaint , like you said what is the next step?

The complaint is on a judicial council form. complanit is for payment of loan of about $17,000.00 after all feeds other cost but I do not owe that amount and I have a document that say the loan have been paid in full and ther is three different account numbers.

Expert:  N Cal Attorney replied 5 years ago.
I need to ask exactly which form the plaintiff used and ask if you think you might have any affirmative defenses.

Was the loan in writing? When was it made? Was it secured?

You can allege payment in full as an affirmative defense.

Was it a consumer loan? Is it a private lender or a company?

Do you have any counterclaims?

I'll be gone for at least 12 hours but will check this later today.
Customer: replied 5 years ago.

To question No.1 the form the plaintiff used was Judicial Council fo California PLD-001(Rev. January 1,2007) and I have a letter form Beneficial the say my account is now paid in full.

No.2 Yes,the loan was in writing. The loan was maid 1-13-2005. no the loan is not secured.

No.3 Yes I can allege payment in full as a affirmative defense.

No.4 It was company, the name of the company is Beneficial California Inc

No.5 Yes, Beneficial mailed to me a letter that say my loan is paid in full also Beneficial have three different account numbers to the account..

.

Expert:  N Cal Attorney replied 5 years ago.
http://courtinfo.ca.gov/forms/fillable/pld050.pdf is a form general denial you can use as an answer if the complaint is not verified.

http://courtinfo.ca.gov/forms/fillable/pldc010.pdf is more specifically for contract cases.

You can raise affirmatice defenses of payment in full and you can allege that the plaintiff's claims is barred by the provisions of the statute of limitations, California Code of Civil Procedure § 337, see http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Please consult a local attorney about this. You can get a free consultation from several of the local consumer protection attorneys listed at http://lawyers.findlaw.com/lawyer/firm/Debtor_Creditor/Los-Angeles/California
Expert:  N Cal Attorney replied 5 years ago.
http://courtinfo.ca.gov/forms/fillable/pld050.pdf is a form general denial you can use as an answer if the complaint is not verified (sworn under oath).

http://courtinfo.ca.gov/forms/fillable/pldc010.pdf is more specifically for contract cases.

You can raise affirmative defenses of payment in full and you can allege that the plaintiff's claims is barred by the provisions of the statute of limitations, California Code of Civil Procedure § 337, see http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Please consult a local attorney about this. You can get a free consultation from several of the local consumer protection attorneys listed at http://lawyers.findlaw.com/lawyer/firm/Debtor_Creditor/Los-Angeles/California
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8187
Experience: Since 1983
N Cal Attorney and 6 other Business Law Specialists are ready to help you
Expert:  N Cal Attorney replied 5 years ago.
Thank you for accepting my answer.
Customer: replied 5 years ago.
The statute of limitation will not work. Please review your comment. I got the loan on 1-13-2005. Please comment on my reply number 4 it was a company , and number 2 the loan was not a secured. please reply
Expert:  N Cal Attorney replied 5 years ago.
I believe the loan in writing has a 4 year statute of limitations, but I do not know what date they allege you breached the loan agreement. When in doubt it is better to include a possible defense.

You should also always include as a defense that "The complaint fails to state a cause of action on which relief can be granted."

Please get a local attorney to help you draft this.

Since you told me it was Beneficial, they are exempt from the usury laws so I did not accept usury as a defense. Unsecured loans have a shorted SOL than secured ones.
Expert:  N Cal Attorney replied 5 years ago.
I believe the loan in writing has a 4 year statute of limitations, but I do not know what date they allege you breached the loan agreement. When in doubt it is better to include a possible defense.

You should also always include as a defense that "The complaint fails to state a cause of action on which relief can be granted."

Please get a local attorney to help you draft this.

Since you told me it was Beneficial, they are exempt from the usury laws so I did not suggest usury as a defense. Unsecured loans have a shorted SOL than secured ones.
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8187
Experience: Since 1983
N Cal Attorney and 6 other Business Law Specialists are ready to help you

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