Im being sued under rule 3.740 collections in the amount of $8,018.52. I do not dispute the validity of this debt. This case is NOT complex under rule 3.400. This case is not a class action suit. What form do I use in response to the complaint?
Optional Information: Country relating to Question: United StatesState (if USA): CaliforniaWhat have you tried so far?: I've tried searching online for the proper form but there are to many to choose from and I get confused. I don't really have time to wait in line at the Self-Help Center in downtown San Jose.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.I do not dispute the validity of this debtIs this a credit card debt?When is the last date you made a paymentWhat are your defenses.
It's an auto Loan Breach of Contract. It's been less than four years. I have no defense. What form do I use in response so that I don't lose by default and get my wages garnished? All I want to know is, what form do I use in response?
Since you have no defenses it is not really going to matter whether you answer or not, they are going to obtain a judgment against you since you owe the debt. However, you can still file an answer and that will at least delay it some. You may want to call and try to reach a settlement. There is no standard form, just a standard format. You have to draft the answer on your own. Here is the standard format.
Every allegation in a complaint is usually given a number. You should number your answer the same way.
If you have other facts that you want the judge to know, add additional numbered paragraphs.
Place your responses under the heading “Answer.” You may refer to the sample answer format below (which hopefully will not lose its formatting here).
SAMPLE ANSWER TO COMPLAINT AND SUMMONS
---------------------------------------
IN THE COUNTY/Circuit Court,
IN AND FOR ______________ COUNTY, STATE
CASE NO: _____________________
JUDGE: _____________________
DIV: _____________________
_________________________
Plaintiff(s)
vs.
Defendant(s)
ANSWER TO ______________________
1.
2.
3.
4.
__________________________
Defendant
Street Address
City, State, Zip Code
I hereby certify that a copy hereof has been furnished by hand-delivery/mail to Plaintiff/ Plaintiff’s attorney this _____ day of ___________, 20__.
________________________________
Here is a sample answer for Californiahttp://www.kinseylaw.com/attyserv/civil/answers/answer.htmlInformation on a general denialhttp://www.ehow.com/how_6809961_write-civil-court-case-texas.html?ref=Track2&utm_source=ask
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Experience: Actively practicing trial attorney