[devincal]

Hello,

I am being sued by Mann Bracken on behalf of Discover Card. The amount is almost $12,000, I ran into issues with making my payments and now I got the summons 2 weeks ago. I want them to prove it's my debt, so I need some help with the Answer form.

http://www.courtinfo.ca.gov/forms/documents/pldc010.pdf

1. Do I need to add anything for the first box - Attorney or Party without...
2. On Line 3. It says Check only one of two boxes, however, I am being sued for $12,000, so I can't check box 'a'. So what should I do there, if I select 'b', how would I explain myself?
3. Also with box #4, would that be the same type of response that I would put for box 3?
4. Lastly, would I circle, for #6, The Defendant Prays - the plaintiff takes nothing?

Thanks in advance.
-Devin

[DisabledinMD]

I'm replying to your numbered questions.


1. Are you hiring an attorney, or representing yourself? Put in contact info for your attorney, or for yourself if acting as Pro Se Ltigant. Put "NONE" where it says "attorney for" if you are representing self. If you are hiring an attorney, they should be filling this form out for you.

2. How you answer depends on exactly what the complaint(s) are. Search "Answers" to find examples of responses you can use. Specifically, what is your defense? That it isn't your debt, or that you can't pay it (not really a defense), or you want them to prove they have obtained valid assignment and have the contract you signed with the original creditor? Typical answers might be "I can neither admit or deny this complaint" and "I lack sufficient knowledge to admit or deny this complaint".

3. Affirmative Defenses are not the same thing as the defense you give in your answers. Search the term "Affirmative Defenses" for examples of what you can use. And choose those that apply to you and your situation. I submitted 19 of them in my case, some were in a debt kit I purchased, the others I found doing searches on the internet. A common affirmative defense for someone who receives SSA benefits in any form, is that they are not garnishable under the law. Many of them revolve around debt validation and assignment.

4. Yes, if you are argueing in your defenses that they are not entitled to anything. But if you owe the debt, you may want to arrange an agreement to pay, as they will take more if they win a judgment. Make sure you return to court by the date listed on your summons!


Get debt validation/verification. Search for my "MD Specific" thread asking for mr yet for a debt disclosure statement and debt validation letter you can use. C&P into a word processor, edit as needed (remove MD specific laws I quote on validation letter, for example, and put necessary names and addresses in appropriate fields. Send it to Mann Bracken NOW! They have 30 days to reply. Send it by certified mail return receipt requested. Save your PO receipt, and put it with the green card signed by them that the USPS will mail to you. Send a notarized "Certificate of Service" to them with the letters, send a copy to court (Ask court clerk if it needs to be notarized), keep a copy of the notarized one you send to Mann Bracken for your records. You have proof you requested validation/verification. In 30 days, they either provide you with validation (In which you should really consider a settlement agreement), or not (in which you can file a "Motion to Disnmiss". Please use the search to find examples/explanations/templates for everything I put in quotations ("_"). And start reading up on your states court and debt rules. Stickies at top will give you a start, Google/bing/other search engine will yield more. You need to know this, if you plan on being Pro Se Litigant. Also read case histories from past posts on these forums, so you learn how to do things correctly, and what mistakes not to make. Just about anything you need to know, has already been answered, as the response to the summons/subpeona is pretty much the same everywhere. Feel free to post any specific questions you can't find answers to by searching.

[DisabledinMD]

Removing duplicate post, had trouble with posting, page wouldn't load

[devincal]

Thanks so much!