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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 8091
Experience:  Since 1983
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I have the form PLD-C-010. I do not know how to fill it out.

Customer Question

I have the form PLD-C-010. I do not know how to fill it out. I'm not sure what words to use. I have checked box 3a. But how do I answer the remaining questions? I know that you should not admit to anything, which I just want to response to the summons, and somewhere just let them know I feel there is insufficient information. In otherwords I know they have to prove the amount that they say I owe. I hope I am making sense. Can you please tell me how to fill this form out as I do not have $250 to go and have someone fill this one page form out for me.
Submitted: 4 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 4 years ago.
Please describe the nature of the contract and the amount you are being sued for.
Customer: replied 4 years ago.
I am being sued by Capital One for a credit card debt. They are sueing for $$1,120.84. The summons says. First cause of action (breach of written contract). Secibd Cause of Action (Money had and Received), Third Cause of Action (Account Stated),and at the end they are asking for balance of $1,120.84 plus 17.10% interest, attorney fees, for costs of suit incurred and whatever other relief court may deem proper. I just want to get this response filed with the courts, and I dont want to admit in the response, but I may decide later to try to negotiate on a settlement with their attorneys. Again, I just dont know how to get this form filled out correctly.
Expert:  N Cal Attorney replied 4 years ago.
If the complaint was not verified you can file a general denial.

http://courtinfo.ca.gov/forms/fillable/pldc010.pdf is the form answer. You can check 3a and 6b. But I don't know any of the facts ao I don't know if oyu have a defense based on the statute of limitations or otherwise.

People usually put into 4: The complaint fails to state a cause of action on which relief could be granted.

Your county law library will have law practice books that identify other possible defenses.

May I ask when was the written contract signed and when was your last payment made?
Customer: replied 4 years ago.

I'm not really understanding when you say "if complaint was not verified? Also what written contract? If you are referring to when I got the credit card, I'm not sure, probably in 2007, and they say @November 2008 is when I breached the agreement.

 

You are saying to put on #4 where it says affirmative defense, I put "The complaint fails to state a cause of action on which relief could be granted?

 

So all the other questions do not need to be answered?

Expert:  N Cal Attorney replied 4 years ago.
If the complaint is verified it will have a statement at the end saying someone swore to it under penalty of perjury. Please tell me what court the case was filed in. Is that where you reside?
Customer: replied 4 years ago.

Superior Court, County of Stanislaus

Yes, this is where I live.

 

I just was looking over the summons and it does give the "cause of actions" that they are alleging.

Expert:  N Cal Attorney replied 4 years ago.
You should be able to get some free help with this through http://www.stanct.org/Content.aspx?page=self_help_center

Failure to state a cause of action is a catch all defense that every lawyer puts into every answer. I just do not have enough facts to know what else would be appropriate, but the self help center of the law library would be able to guide you to legal practice books that list other possible defenses.

http://lawyers.findlaw.com/lawyer/firm/Debtor_Creditor/Modesto/California is a directory of attorneys in that area who handle this type of case, some of whom offer a free consultation. I urge you to consult a local attorney before filing the answer.

I hope this information is helpful.
Customer: replied 4 years ago.
The answers I have gotten so far have not really helped me. Whoever answered me all he really told me was that I could get help at law library and gave some websites. He kept saying he needed more info. What more could I say, I am being sued for a credit card debt, I was served a summons and need to answer with a response. I just wanted to know how to fill out the form. So, sorry but no my questions werent answered.
Expert:  N Cal Attorney replied 4 years ago.
We cannot practice law here and I cannot fill out court forms. I can only make suggestions and urge you to speak with a local attorney.

If the information provided was not helpful, you can reject my answer.

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