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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I need instructions about when and how to fill out the Declaration

Customer Question

I need instructions about when and how to fill out the Declaration of Mailing form CA.
Q 1.
when answering to the plaintiffs complaint (PLD-C-010) do i just mail it by certified mail or i have to pay someone to "serve" them?
2. how do i fill out the form ( step by step, box 1, box 3 etc.) if i am answering by PLD-C-010 form, also including a verification.

any other instructions? thanks!
Submitted: 3 years ago.
Category: Legal
Expert:  Jack R. replied 3 years ago.

Thank you for choosing just Answer.

 

First: You must file the original Answer, Affirmative Defenses and completed Proof of Service with the court's clerk within 30 days after receiving the lawsuit paperwork. Forms that you will need:

 

  • Answer #PLD-C-010
  • Affirmative Defenses Attachment (please read these and see if they apply to your case).
  • Verification /Proof of Service by Mail #SCL-0031

Make 3 copies of your completed papers (one for Yourself. one for the clerk of court and one for the other party or their attorney). The original is filed with the court.

 

2. Serve the paperwork to the other side:

 

a. Have someone over 18 who is not involved in your case (the "server") mail one copy of the Answer, and Affirmative Defenses to the lawyer or the person suing you (if they do not have a lawyer) 1st class U.S. mail. The address of the lawyer or person suing you is in the Complaint. You cannot mail the papers yourself!

 

b. After the server mails the documents have him or her complete the Proof of Service by Mail form.

 

3. Bring the completed Proof of Service by Mail along with your original Answer and Affirmative Defenses to the court clerk and hand the documents answer, defenses, and proof of service to the clerk for filing. Make sure you bring 2 copies one for your records and one for the clerk.

 

Please press ACCEPT at the appropriate level of service 3 or greater so I may get credit for my answer. If you have specific question on the form line # XXXXX ask. If you have further questions ask.

 

 

Customer: replied 3 years ago.
Thanks for the replay,
1. i need to know what goes in the declaration of mailing - #3 whos address goes here?
2. in #4 - does the person who will mail just check the first check box or has to write some other stuff in the space below #4?
3. if i am filing a form PLD-C-010 and attachment "4", and the Verification, how do i put it in #5- in what manner (ex. 1. PLD-C-010, 2. attachment, 3. verification - or some other way/form?)
thanks, XXXXX XXXXX dont want to make a mistake and need details, Thanks!
Expert:  Jack R. replied 3 years ago.

1, Declaration of Mailing

 

Q3 indicate what the address below is either home or business of the server (person mailing the documents)

 

Q4. It is being served on Behalf of you (Put you name in). Check the appropriate boxes on how it was sent. (usually 1st 2nd check boxes). Indicate the address of where being sent (Plaintiff) in the box.

 

Indicate date and where mailed.

 

Q5 Documents are Answer and Affirmative Defenses

 

Sign and Date document

 

 

ANSWER

 

If you have an Attachment 4, Title a Page Attachment 4, and attach right after PLD -C-010. Then put your signed and notarized verification form after the attachments. Then put the Proof of Mailing After the Verification.

 

I am including a link to a site that has a sample answer. You should be focused on the format answering paragraph by paragraph, and listing of multiple affirmative defense, and the attached verification.

 

http://www.kinseylaw.com/attyserv/civil/answers/answer.html

 

 

 

Please press ACCEPT at the appropriate level of service 3 or greater so I may get credit for my answer. If you have specific question on the form line # XXXXX ask. If you have further questions ask.

Jack R. and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thanks!
Expert:  Jack R. replied 3 years ago.
Thank you !