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Lucy, Esq.
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I am filing a general denial with request for dismissal due

Customer Question

I am filing a general denial with request for dismissal due to unverified collections compliant for under $25k.

I've read different information for what constitutes an answer for the pld-050. is it best not write anything in item 2?

What does the below mean, especially the part about "new matters" ?

In the Answer, all defenses to the allegations of the complaint must be raised, and all facts essential to supporting a particular defense must be included. In addition to asserting denials, and answer may assert any "new matters" constituting a defense (Code of Civil Procedure §431.30(b)(2)).

I am also filing a POS-030 and CIV-120, both proof of service forms. I've also read that my name and address goes in box 1 on these forms, and also read that the planiff's attorney's name and address go in box 1. Which is correct?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The first part means that a person has to state every defense in the Answer. If you don't put a defense on the Answer, when you get to court, you may not be allowed to argue it. It also says that you can state any facts that are necessary to support your defense. If you have a defense that is based on facts not related to the Complaint, you can state that, too - that's what the "new matters" means.

On POS-030, the information of the party serving the documents goes in Box 1. It would be the plaintiff or his attorney for the Complaint, but is the defendant or his attorney for the Answer. The same is true for the CIV-120. The top left box is the information of the person filing it.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thank you for the reply. I have a few questions about my response.


 


Is the below statements adequate for a general denial or do I have to use the allegation admit and denied type of wording response ? Is it best to include everything, to raise all I can think of now, or to leave it more general as not quite as specific?


____



Defendant objects to this request on the ground that it is vague, ambiguous and unintelligible in that defendant has to speculate as to the meaning of the "the credit card" and "the account."



Plaintiff is offering their personal opinions which may be based on conjecture, their own perception for the payment of their fee. The plaintiff has not proven the debt is valid or the amount of the debt is accurate..


 


The plaintiff must prove that the principal, interest, collection costs, and attorney fees are all correct, agreed to in the contract, and lawfully charged.


 


Defendant also insists that the plaintiff come up with the account number, contract, account number of the original credit card, account statements, original documents, and purchase receipts, signatures, to prove the amount of the debt.



Defendant objects to the 3rd party hearsay under the Rule of Evidence.


 


WHEREFORE, the defendants asks the Court for judgment:
a. dismissing the complaint herein with prejudice.


 


What forms should include a postage paid return envelope?


Should I leave the general "new matters" wording in to reserve my rights?

Expert:  Lucy, Esq. replied 1 year ago.
A general denial is literally, "I deny everything and call upon the other party to prove it." It doesn't go into any detail or specifics. But a party can choose to do an Answer which is not a general denial. "Best" is relative - there's really no way for me to say what is best for a particular case without all of the facts. The problem that sometimes arises with denying specific things is that, if a party forgets to deny something, it could be considered admitted. So it's just important to double-check everything and make sure that everything is denied (except things that it doesn't make sense to deny, like your name).

Any time you want the court to send you something back, a postage paid envelope should be included. That's commonly done with the Complaint, because the party needs a copy with the case number XXXXX it. It's not often done with other documents, unless the instructions tell you to do that.

You do not have a right to raise any new defenses later if they're not mentioned in the Answer. The answer is the place where a party has to list his defenses.
Customer: replied 1 year ago.

Thanks you for your detailed responses.

 

Should I serve the plaintiff first, and then file with the POS?

 

A general denial without the answer is adequate for the court, a proper enough response to the form?

 

If I am denying everything and asking them to prove it, it is essentially the same as the detailed answer statements. I just want clarity on whether no answering is adequate enough for the general denial. My purpose for the question, is because I can raise those requests for evidence if and when it goes to discovery or trial. Is that right ? (since the general denial is already asking them for proof.)

Also, it is not necessary to use the allegation admit and denied type of wording response to a General Denial?

 

Should I include the general "new matters" wording in to reserve my rights?

 

My defense is lack of evidence, and "new matters" - is it necessary to reserve my right to file for bankruptcy?

 

If a judgement is decided against me, can I then file for bankruptcy, and what is the time frame to do so?

 

 

Expert:  Lucy, Esq. replied 1 year ago.

Should I serve the plaintiff first, and then file with the POS?


You cannot serve the plaintiff, because you're a party to the action. However, the third party that serves the plaintiff for you would do the service before filing the POS. A proof of service cannot be filed until the party is served.


A general denial without the answer is adequate for the court, a proper enough response to the form?


Yes.


My purpose for the question, is because I can raise those requests for evidence if and when it goes to discovery or trial. Is that right ?


Yes. Hearsay is a trial objection - evidence is not attached to a Complaint, so technically everything in the Complaint is hearsay. That's OK. The plaintiff has the burden of proof. If they do not provide discovery after you request it, you can object. You can also move for dismissal if they never produce evidence at trial.


Should I include the general "new matters" wording in to reserve my rights?


Again, a person can't preserve a right to raise a new defense later. Defenses have to be raised in the Answer.


My defense is lack of evidence, and "new matters" - is it necessary to reserve my right to file for bankruptcy?


No. A court case is about liability. It has nothing to do with whether a person intends to file for bankruptcy.


If a judgment is decided against me, can I then file for bankruptcy, and what tis the time frame to do so?

 

Yes. There isn't a set time frame - any person who has outstanding debts that exceed his ability to pay can file for bankruptcy. However, they're allowed to start trying to collect immediately, so many people will file as soon as possible. If you have more detailed questions about bankruptcy, I'm afraid that the terms and conditions of this site require that I ask you to open a new question in that category.

 

Lucy, Esq., Attorney
Category: Legal
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Customer: replied 1 year ago.

Thank you, very specific and helpful responses.. I do not have BK questions, thank you.


 


Last item, the use of the allegation admit and denied type of wording response - is it referring only to for the PLD-C-010 (not for the PLD-050) ?



 


 

Expert:  Lucy, Esq. replied 1 year ago.
Yes, if you want to do a general denial, that goes on PLD-050. The first sentence on the PLD-050 says that you generally deny everything in the Complaint. There's nowhere to do more specific denials on that form. If you want to deny specific things, that goes on the PLD-C-010.

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