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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
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.
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..
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