Hi, I have browsed through threads and find people that were in the same predicament as me. Every case is unique and I am here to seek help responding to a summons by a collection agency. I received the summons yesterday and I would like to go to court and file all the necessary paper work as soon as possible. Any help is greatly appreciated. Thank you.
Here is a brief summary of my case. I have an unsecured loan with Capital One about 3 years ago. I have paid 3/4 of the loan but hit a financial hardship and missed 3 consecutive monthly payments. The loan was then charged off and bought by a Collection Agency. This CA is currently suing me for the remaining loan amount plus interest.
The area I need help the most is translating the "lawyers" language to plain English so that I can file an Admission or Denial to each clause.
CA location: VA, represented by lawyer in California.
Here is what in the summons.
Plaintiff alleges as follows:
First Cause of Action (Open Book Account)
1. Plaintiff is now and was at all times mentioned a corporation authorized to do so and is engaged in doing business in the State of California.
2. The true names or capacities, whether individual, corporate, associate, or otherwise of Defendants named in this action as Does 1 through 20, inclusive, are unknown to Plaintiff, who therefore sues Defendants by such fictitious names. Plaintiff will amend this complaint to show their true names and capacities when they have been ascertained.
3. Said action is not on a contract of installment sale for goods or services subject to Civil Code Section 1801, etc. (Unruh Act), nor is it on a conditional sales contract subject to Civil Code Section 22981, etc. (Rees-Levering Motor Vehicle Sale and Finance Act).
4. This action is subject to Code of Civil Procedure Section 395 (b). Defendants are and at all relevant times have been residents of, and the agreement was executed in this judicial district in the County of Los Angeles, California.
5. Plaintiff alleges that within four (4) years prior to the commencement of this action, Defendants became indebted to Plaintiff in the sum of $???? and the obligation was, and is now, due and payable in the County of Los Angeles, and this is the proper court of venue and jurisdiction for the prosecution of this action.
6. Plaintiff alleges with the four years last past, Defendants became and are now indebted to Plaintiff (CA), in the sum of $????, the balance due from Defendants to Plaintiff on open book account for goods, wares and merchandise sold and delivered and services rendered to Defendants at the request of Defendants. Defendants have not paid any of the sum representing a payment/credit, leaving a total outstanding principal balance due of $????.
Second Cause of Action (Account Stated)
7. Plaintiff realleges and incorporates in this cause of action the allegations of Paragraphs 1 through 6, inclusive, of the First Cause of Action.
8. Plaintiff alleges that within the last four years, an account was stated by and between Plaintiff and Defendants, at which time it was found to be and there is now due from Defendants the sum of $???? for and on account of goods, wares and merchandise sold and delivered and services rendered to Defendants at the request of the Defendants.
Wherefore, Plaintiff prays judgement against Defendants, and each of them, as follows:
As To All Causes of Action:
1. Principal in the sum of $????, together with interest thereon at the rate of 10 per annum from January 19, 2009.
2. Attorneys fees pursuant to Civil Code 1717.5 in the amount of the lesser of $800 or 25% of the principal:
3. Costs of suit incurred in this action; and
4. Such other and further relief as the court may deem proper.
Sorry for the long read. Any advice or direction is greatly appreciated. Thank you in advance.
I think that you should immediately file an answer to the summon and after filing the response, you should send a debt validation letter by registered mail. The plaintiff cannot bring judgment against you without validating the debt. Now, if they validate the debt before the court date, contact the collection agency and try to settle the debt outside the court, to avoid judgment. This is because, if the creditor brings judgment against you to recover the debt, your credit score may get lowered by as much as 100 points.
Thank you Carol for the response. Should I answer each bullet point with admit or deny or I will receive further instruction at the court house?
Type in the case number in the court website and found out the court date is in Sept 09.
Here is a two part question:
Since I did not sign any contract with the CA, should I deny their allegations when responding to the summons? Is the CA still willing to work with me after filing denial on the summons?
I'm going to contact the CA after answering the summons and follows the procedures highlighted by Carol. Thanks again for the help.