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    MikesGayle's Avatar
    MikesGayle Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 12, 2009, 04:35 PM
    Unclear of what paragraph #'s to answer on Summons for breach of contract for credit
    I live in San Diego, CA and wish to answer a summons for breach of contract for a credit card. I am unsure of which paragraphs need to be answered. For instance,
    1. Venue is proper in this county and judicial district due to Defendants' residence therein.
    2. The true names and capacitis of Defendants, DOES 1 through 10, inclusive, and each of them, are unknown to the Plaintiff at the present time;...
    3.Plantiff is a national banking corporation, charteer under the laws of the United States of America...
    4. The within action is not subject to the provisions of Section 2981, et seq. (Rees-Levering Act or Section 1801, et seq. (Unruh Act))of the Civil Code of the state of California.
    5. Paragraphs 1 through 4 are incorporated by references in each cause of action alleged hereafter as though fully re-alleged therein.
    Do I have to give an answer to these paragraphs above?

    6. First Cause of Action for Account Stated...
    #6 makes sense to me for the one to be answered. Is this correct?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 12, 2009, 04:58 PM

    You simply answer that you intend to defend against the suit and request a hearing. You then send a copy to the plaintiff with a request for verification of the debt.
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