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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 11765
Experience:  Licensed Texas General Practice Attorney
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(CONTRACTS) Summons, PLD-C-010 how can i reply? -

Resolved Question:

Hello all:) i need help with this:(
----
how can i reply? can i deny the claim? what is my best option? please help, thank you!
------
Unifund CCR, LLC, a limited Liab. Co.
VS
(me)

1. plantiff is a LLC.
2, each named defendant is a natural person.
3. the true names and capacities of defendants sued as
DOES 1 to 5 are unknown to plantiff. each fictiously named defendant is some way
responsible for the occurances alleged here and proxomately caused plantiffs damages.
4. each named and DOE defendant was acting as the agent or employee of the other defendats.
5. this is a proper court under C.C.P. sections 395a & 395b because a defendants resides in this district. this action is not subject to C.C. 1801 et seq.
6. before filing this lawsuit, plantiff purchaised all rights , title and interest in the obligation upon which this suit is brought and is the sole owner of the account.
7. the above statments apply to the following causes of action.

First Cause of action - Breach of contract

8. on or about 06-10-08 , CITYBANK, NA and defendfat entered into an agreement for the issuance of a credit card which defendant requested, a credit card now bearing account number ending xxxxxxxxxxxxx7890 was issued to defendant. this cc account granted defendants credit privileges in purchaising goods and services and or receiving chash advances.
9. defendant accepted the written card holder by using the credit card, paymetn for the charges incurred was to be made in accordance with monthly billing statements sent to defendant.
10 on or about 10-29-09 defendant breached the card holder agreement by failing to make monthly minimum payment due.
11. plantiff and the original have performed all of their obligations to defendant except those oblogations plantiff or the original creditor were prevented or excused from performing.
12 plantiff suffered damages legally and proximmately caused by breach of the card holder agreement by defendant by that defendants left due owing the sum of 5003.31 with interest thereon. although demend has been made the amount prayed is due owing and unpaid.
13. pursuant to agreement or statue, plantiff seeks reasonable attorney fees according to proof.

SECON CAUSE OF ACTION - COMMON COUNTS.

14. Defendants and each of them became indepted to the original creditor, CITIBANK, NA within the last four years:
a. on an open book account for money due and
b. because an account was stated by and between the original creditor and defendant in which it was agreed that defendant were indept to the original creditor.
15. plantiff also alleges that each defendant became indept to CITIBANK, NA, within the past four years:
a. for money lent by the original creditor to defendant at defendants request, and
b. for manory paid, laid out and expended to or for defendant at defendants special instance and rquest for the defendants use and benefit.
16. the sum of $5003.31 is due and unpaid despait plantiffs demend, plus prejudgment interest to proof.

PRAYER

wherefore, as to all causes of action, plantiff prays for judgment as follows:
a. Damages of $5003.31
b. interest from and after 04-08-10 according to proof;
c. attornays fees according to proof;
d. costs of suit; and
e. for such other relief as is fair, just and equitable.
feb.2013

-----------
verification is attached as well.
Submitted: 1 year ago.
Category: Business Law
Expert:  RGMacEsq replied 1 year ago.

RGMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RGMacEsq :

Do you have any defenses to this claim? How would you say that they do not have any claim (or a valid claim) against you for this breach of contract action?

Customer: replied 1 year ago.
1.i am not sure, thats why i wanted to ask an expert:)
2. if the loan was from citybank why is the plantiff "unifund ccr llc" and do they have the proof that i have entered in agreement with the Citybank? credit card? my signature?
-i dont think the attorney>Kenneth Mile law firm, who represents 'unifund CCR LLC", who bought the account from the Citybank-has my written contract/signature?
any ideas?
_my point is that i need a direction/way how to get the claim/complaint dismissed and how write the response so that i do not wave my rights...
i hope you understand?
Expert:  RGMacEsq replied 1 year ago.
Did you actually sign this agreement? Did you enter into an agreement with Citybank, use the card, and not pay the amount owed?

To get a claim dismissed, you need to show that it is baseless, or without evidence, or that the underlying contract was void, etc... Do you have any facts that would establish that?
Customer: replied 1 year ago.
i do not remember exactly, i did have a Citybank card but i am not sure if this was the one, it was too long ago so can they prove me that this IS the one? that i have entered in agreement with them?
Expert:  RGMacEsq replied 1 year ago.
Yes, but that would be a defense based upon property party standing. That is, you would not dispute the debt or that it could be collected, but that you're disputing whether or not the party suing you property purchased the debt from the original creditor (as you did not specifically enter into an agreement with the plaintiff)...

Can you tell me when you entered that agreement with Citicard?
Customer: replied 1 year ago.
8. on or about 06-10-08 , CITYBANK, NA and defendfat entered into an agreement for the issuance of a credit card which defendant requested, a credit card now bearing account number ending xxxxxxxxxxxxx7890 was issued to defendant. this cc account granted defendants credit privileges in purchaising goods and services and or receiving chash advances.
9. defendant accepted the written card holder by using the credit card, paymetn for the charges incurred was to be made in accordance with monthly billing statements sent to defendant.
10 on or about 10-29-09 defendant breached the card holder agreement by failing to make monthly minimum payment due.

-------
so he (kenneth Mile law) is talking about Citybank contract but he represents 'unifund ccr llc' that probably bought the loan/dept but how do i request them to prove that it is the contract i enterd into? they Must show the contract/agreement that i signed dont they? and if yes- how do i put thet in writing and where on the replay form?
Expert:  RGMacEsq replied 1 year ago.
So in essence, you're not disputing that the amount owed is actually owed, but you're essentially saying that you want to make certain that "Unifund" actually owns the debt?

Do you also dispute the amount owed? Or can you say that you don't have any records one way or the other and that you have no recollection of the events alleged?
Customer: replied 1 year ago.
i am disputing that the agreement they are presenting may not be the contract i have entered in and signed,
so consequently the amount owed or the entire account that they say was mine could be NOT mine if they can not prove/show the contract i signed.
even in the unifund owns the account/debt now it does not indicate that i am responsible for it. i want to see the prove that the account they are talkinga bout is My account and that i signed for it. because i have no recollection of that dept at all. and i need t put this in legal terms on the PLD-C-010 form so i could reply and request this proves...
Expert:  RGMacEsq replied 1 year ago.
I understand.

Was the complaint that was submitted by the plaintiff "verified"? (It would probably say "verified" on it somewhere, and generally has an affidavit and/or notary seal and signature...

Also, when you say "agreement they are presenting", do you mean to indicate that they have included a copy of that agreement, or do you mean the agreement that they are referring to?
Customer: replied 1 year ago.
here what it says

VERIFICATION.
i am the attorney for the plantiff unifund ccr, llc a party to this action. such party is absent from the county of Los Angeles where attorneys have their offices and i make this verification for and on behalf of that party for that reason. i am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare pen. pur. under the laws of the state of the California that the foregoing is true and correct.

Executed under the laws of the Sate of the California at Los Angeles, CA on Feb 8 2013.

Signed by Kenneth L Mile.
Attorney for plantiff.

-----------------
No they have not included any copies, i mean that they are referring to that: Citybank, NA gave to me the credit card and i have spent and owe $5003.31, i am not sure that the account/card they are referring to is mine and want to verify the debt, proof of my signatures on the agreement/contract.
Expert:  RGMacEsq replied 1 year ago.
Thank you.

First of all, since the petition was verified, you're going to need to verify the answer. Basically, have essentially the same statement and sign it the same way:

"I have personal knowledge that the foregoing is true and correct. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. I declare under penalty of perjury under the laws of the state of the California that the foregoing is true and correct."

As to what you need to say, you can only check 3(b) (since 3(a) is when the petition is not verified).

You can say:

The Defendant admits that Defendant had an account with Plaintiff at one time, as alleged in Plaintiff’s Complaint , but denies that the amount owed alleged by Plaintiff is correct and lacks sufficient information to either admit or deny the remainder of Plaintiff’s allegations and therefore denies all such allegations and demands strict proof thereof in writing. Defendant requests that Plaintiff provide an original credit agreement signed by Defendant, verification of the alleged debt and a detailed accounting of all purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials.

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

You can also say "please see attachment "4"" and use this form: http://www.elitelegalforms.com/california/CA%20-%20Attachment%20to%20Answer%20-%20Debt%20Buyer%20-%202012%20-%20Form.pdf

Finally, under 6, mark both boxes, and say:
1.That Plaintiff be required to produce an original credit agreement signed by Defendant, proof of assignment, offer specific proof of the alleged debt and provide verification and an accounting;
2.That Plaintiff take nothing by way of the complaint and that Defendant have judgment against Plaintiff.
3.That Plaintiff be requested to work out a payment arrangement with Defendant and Defendant’s debt settlement company that is within the Defendant’s means;
4. that no additional interest be awarded to plaintiff;
5. that each party pays their own costs for this matter;
6. that each party pays their own attorney/legal fees for this matter;
7. and for such other and further relief as the court may deem fair, just, equitable and proper.


Once you do this, send the verified answer back to the court, as well as a copy to the plaintiff. That will be an answer, and will pretty much make them produce the copy of the contract showing that they have a right to collect from you.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: replied 1 year ago.
Ok, i think now we are getting to the point and thanks for your detailed answer;
Also:
Once you do this, send the verified answer back to the court, as well as a copy to the plaintiff.

What to you mean as "verified answer" - are reffering to crtified mail? Or how do i make it "verified"
Thanks!
Expert:  RGMacEsq replied 1 year ago.
Same way the attorney that verified the pleadings did. Basically you swear, under penalty of perjury and to the best of your knowledge that the forgoing is true and correct.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: replied 1 year ago.
ok, i believe this must be the last question since you made everything else preatty clear!

i will bring to the court these in order to file a verified response:
1. PLD-C-010
form filled out as you indicated
2. Verification letter.

now the Question:
do i send exact same things to the attorney? (1 PLD-C-010 and 2 Verification)
or just the verification? same format/form as to the court?
thanks!
i will gleadly rate you "High" and i thank you for making this all clear just as i needed! it really means aLOT!
Expert:  RGMacEsq replied 1 year ago.
You want to send both to the attorney. Basically what you file with the courts, you would want to send to the attorney as well, so that the attorney has notice of you filing this with the courts.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!
RGMacEsq, Attorney
Category: Business Law
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Experience: Licensed Texas General Practice Attorney
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