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JPEsq, Attorney
Category: Business Law
Satisfied Customers: 5106
Experience:  Experience as both in-house and outside counsel in general business and transactional law
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Hello I am being sued in California Superior court for an old

Resolved Question:

Hello I am being sued in California Superior court for an old debt which I believe is paid of or at the very least, now where near the amount being claimed.

I was told by the court to respond with form PLD-C-010 which is an Answer Contract. They also gave me form POS-040 for Proof of Service.

My Questions are:

1. Is PLD-C-010 the correct form?
2. Is POS-040 required?
3. Do I need to respond via process server, or can I have a third party (like my husband) send certified meail to the creditors lawyers?
Submitted: 6 years ago.
Category: Business Law
Expert:  JPEsq replied 6 years ago.

1. Yes PLD-C-010 is the correct Answer form.

2. Yes, you have to file a Proof of Service.

3. Any person that is not a party to the action can serve the Answer, not your husband, but someone else could. Here is a list of the CA service rules:



Customer: replied 6 years ago.

I have a follow-up for you (and thanks for answering my question, btw) I believe this debt was paid and have already sent a request to the lawfirm representing the creditor to provide me with proof of the debt, etc.


In the Answer form I selected the following:


3b - 2 and contested the paragraphs that included the following assertions:

Breach of Contract

Common Counts

Damage Amounts, etc

6 where I requested dismissal due to lack of proof that the claim is valid


My question are:


1. are there any required fields on this form

2. what should be put in the 'Short Title" field. (I typed in Arrow Financial Services LLC vs. Rochelle Corrigan

3. I am assuming that item 3a on the field does not apply to me because the suit is for over $1,000.00. But there is language next to the check box that reads Do not check this box if the verified complaint or cross-complaint demands more thatn $1,000.00 This may be a stupid question, but is the verified complaint the one filed with the court?

Expert:  JPEsq replied 6 years ago.

1. You need to check either 3a or b. You also have to fill out 6.

2. That is right.

3. Correct. The verified complaint is what starts the lawsuit.

JPEsq and 6 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
Can you confirm that even though my husband is not listed, he still cannot be used for the proof of service form?

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