[rosieberber]

I need help in answering summons.

My first question:

I lived in California, My question is there a requirement in California that the summons or complaint should have an attachment for contract or agreement or assignment?

My second question:

What is the proper wording to use to answer the following complaints:
1. Plaintiff is informed and believes, and on that basis alleges that at least one Defendant is an individual who resides in the State of California (my comment: how do I know what the plaintiff believes? I do reside in california)

2. This is the proper venue, superior court and court location for this action because the action involves and offer or provision of goods, services and/or credit intended for commercial use to be sold to the public primarily for personal, family or household use and at least one Dependent resides in this court's jurisdiction (my comment: I really live close by the superior court so do I admit this?)

3. The causes of action hereinafter stated is a money demand (my comment: should I admit this)

4. // (my comment: do I just ignore complaint number 4 since it only has //)

5. Billing statements were mailed to the Dependant(s). Plaintiff is unaware of any unresolved dispute concerning a billing error. (my comment: I disputed this to the original creditor but only verbal dispute. Regarding the mailing of statements how do I answer this?

6. The Original Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s) the payment due, and the total balance due. Where the debt at issue herein was a credit card, each statement informed Defendant(s) of the duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement. (my comment: I don't recall receiving a letter that the original creditor informing regarding the last paragraph on dispute)

7. Plaintiff alleges that there is an Account(s) stated by operation of law wherein the Original Creditor billed Defendant(s) for the credit balance and received no objection to (my comment: what does this mean? I disputed the original creditor)

8. Dependants are over the age of 18 and indebted to Plaintiff for credit received through purchases/cash advances and/or monies loaned and received and furnished to the Dependant(s) by the original creditor, XYZ BANK, and all related finance charges and/or late fees incurred pursuant to the terms and conditions of the contract(s). For valuable consideration, the original creditor sold, assigned and/or transferred the claims underlying the causes of action set forth in this Complaint to the Plaintiff, who is the assignee and/or sole owner of such claims with all legal rights to pursue collections of said debt(s) from the Dependant(s), and all legal right to release or satisfy said debt(s). This credit is identified by the Plaintiff as an account having the last four digits XXXXXXXXXXXX1234 (the "Account(s)"). (my comment: they did not specify the whole acct number and I did not make payments the XYZ BANK but I made payment to ABC BANK, I am not aware of the relationship between the two banks. Can I deny this?)

[ScottGem]

You are WAY over thinking this. A summons is simply a notice of a suit and does not, necessarily, include supporting documentation.

It appears that you did not pay this bill because of a dispute over the charges. If that's the case, then your response to the summons is that you intend to defend this suit on the grounds that the charges are invalid. You then send a copy of this to the plaintiff requesting a copy of all documentation to support their suit.

At the hearing, you will present any evidence you have to dispute the plaintiff's claims.

[rosieberber]

Thank you for your answer. I haven't answer the summons yet and that is why I have listed the complaints to get an idea of the proper wording to use to answer them. I have at least 8 of the complaints I listed and I have no idea how to respond to them.

[ScottGem]

Again, you do not need to respond to each specifically. You simply need to indicate you intend to defend against the suit so that a hearing will be scheduled.