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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7394
Experience:  Just Answer consultant at Self employed
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I need to respond to a sum-100 what form do I need to fill

Customer Question

i need to respond to a sum-100 what form do I need to fill out and file back to the court
JA: Is this a civil court case or criminal court?
Customer: civil
JA: Because laws vary based on location, what state are you in?
Customer: california
JA: Anything else you want the lawyer to know before I connect you?
Customer: I believe I was not served correctly to begin with. It was done by substitute service and the company was claiming they had made several attempts. The is false. I am a disabled veteran and I do not leave my home unless I have an appointment. No one tried to serve me papers until that day and I was not home. My roommate who I have issues with was the only one at the residence is the one who took the papers which was not a complete set of the documents because three days later a received a completed copy via the mail. I don't know if you needed to know that but I only have 30 days to respond and my time is ticking.
Submitted: 29 days ago.
Category: Legal
Expert:  legalgems replied 29 days ago.
What state is this on regards ***** *****?
Customer: replied 29 days ago.
Ca
Expert:  legalgems replied 29 days ago.

I am sorry. The site is having technical issues so thank you for your patience. There should be another document such as a complaint. The summons is only one of the forms. Was nothing else delivered?

Expert:  legalgems replied 29 days ago.

Also are you disputing the merits of the lawsuit, the actual claim?

Customer: replied 29 days ago.
it's a credit card debt but I had crefit protection through the company if I became disabled. My care taker back in 2013 called to inform the original creditor that I was disabiled and would be medically discharged out of the military. The company that is coming after me is the 4th company to buy the debt. Why it never got processed back in 2013. I don't know. There is the complaint attacked to the summons first page.
Expert:  legalgems replied 29 days ago.

Thank you and I apologize for the delay; I have been unable to get a lock on the question to respond.
So if a person is not properly served, the court does not have jurisdiction unless the party waives that and makes an appearance. While instinctually one may think it is a good idea to contest service, normally that is not so because the plaintiff , if successful on the lawsuit , can actually requests attorney fees and costs, including cost of service of process- so the defendant may ultimately end up paying for it.

so basically, if one has a defense to the lawsuit, that can be asserted- it is called an affirmative defense; then the court can dismiss the lawsuit with prejudice, meaning the collector cannot refile it at a later date. Also, one can contact the collector and explain the situation, requesting a dismissal based on the affirmative defense. If the collector realizes they will not receive any money, they are likely to dismiss the lawsuit.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 29 days ago.

The communications with the collector would need to happen as soon as possible, so if the collector rejects it, the defendant still has time to file the necessary answer.

Expert:  legalgems replied 29 days ago.

Here is information on how to respond to a lawsuit including links to required documents:
http://www.courts.ca.gov/1322.htm

Customer: replied 29 days ago.
basically my main questionS were what form(s) do I use for a repose to file with the court . I tried calling the collector and still have not heard back. Once they were,inform the one they can not attach or get any money from my va disability income and two that I had that credit protection on my account which was clearly shown on one of there exhibits. They said they would have their main attorney call back and no word. I want to follow my part just in case they don't pull the case.
Expert:  legalgems replied 29 days ago.

Thank you-

so here is the form for cases under $1,000:

http://www.courts.ca.gov/documents/pld050.pdf

for a contract over $1,000:

http://www.courts.ca.gov/documents/pldc010.pdf

instructions here:

http://www.courts.ca.gov/partners/documents/civ-contractaction.pdf

Customer: replied 29 days ago.
Thank you
Expert:  legalgems replied 29 days ago.

You are most welcome! Thank you and enjoy the rest of your evening.

Thank you for using Just Answer.
I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly

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Thank you and take care!

No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

Expert:  legalgems replied 27 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer. Otherwise, f you feel I have earned it a positive rating (5 stars would be great) is appreciated so the site can credit me for assisting you.
Thanks!

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