Responding To California Debt Summons

Summary

When responding to a debt collection summons in California, you must file an Answer within 30 days of being served. Address each allegation by admitting, denying, or stating a lack of sufficient information. Consider affirmative defenses like the statute of limitations or improper service. If a debt collectors license is pending, they cannot legally collect debts in California. Ensure your response is filed with the court and served to the plaintiff or their attorney.

Full Conversation

i would like to respond and address each allegation and to consider affirmative defenses in my response.
To help you respond to the summons and address each allegation, here are some steps you can follow:
*. Drafting the Answer:
- Respond to each allegation: Admit, deny, or state that you lack sufficient information to admit or deny each allegation.
- Affirmative defenses: Consider defenses such as the statute of limitations, improper service, or lack of standing.
*. File your Answer:
- File your response within 30 days of being served.
- Serve a copy to the plaintiff or their attorney.
Would you like more details on specific affirmative defenses or instructions on how to format your Answer?
The first section is "Facts common to all causes of action" and has * items listed. i would like to respond to each one individually. can i provide you with each item and request assistance with an answer?
Sure, you can provide each item, and I'll help you craft a response for each one. Please go ahead with the first item from the "Facts common to all causes of action."
*. Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc., and successor in interest to original creditor, Comenity Bank
Got it! Here's how you can respond to the first item in your "Answer":
*. Defendant lacks sufficient information to admit or deny the allegations contained in paragraph * and therefore denies them.
Would you like to provide the next item for assistance?
how do i answer?
To respond to the first item, you can use the following format:
*. Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc., and successor in interest to original creditor, Comenity Bank:
- Admit if you agree with this statement.
- Deny if you believe this statement is incorrect.
- Lack sufficient information if you don't have enough information to confirm or deny the statement.
Would you like assistance with the next item?
what would you recommend?
To respond to the first item, select one of these options based on your knowledge:
- Admit if you agree with the statement.
- Deny if you believe the statement is incorrect.
- Lack sufficient information if you don't have enough information to confirm or deny the statement.
Would you like assistance with the next item?
i think this lacks sufficient information.
Let's work through this together. To help you with your response to item *:
- If you recognize Midland Credit Management, Inc., and know they are the successor to Comenity Bank, you should "Admit."
- If you think this statement is incorrect, you should "Deny."
- If you're unsure or don't have enough information, you should state "Lack sufficient information."
Would you like assistance with the next item?
how do i respond?
To respond to the first item, you can state:
*. Plaintiff is and at all times herein mentioned, Midland Credit Management, Inc., and successor in interest to original creditor, Comenity Bank:
- Lack sufficient information to admit or deny the allegation.
Would you like assistance with the next item?
But i think the first item lacks sufficient information for me to admit
If you lack sufficient information to admit or deny the allegation, you should respond accordingly. Here's how you can phrase it:
- "Defendant lacks sufficient information to admit or deny the allegation and therefore denies it on that basis."
Would you like assistance with the next item?
item #*: plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc. * Camino De La Rein Suite * San Diego, CA *
To respond to item #*, you can state:
*. Plaintiff is the only entity that purchased the debt after charge-off and its name and address is as follows: Midland Credit Management, Inc. * Camino De La Rein Suite * San Diego, CA *:
- "Defendant lacks sufficient information to admit or deny the allegation and therefore denies it on that basis."
Would you like assistance with the next item?
this statement lacks sufficient information because they have not proved that they purchased the debt. how do i respond?
Case Rating: *.
To respond to the second item, you can state:
"Defendant lacks sufficient information to admit or deny the allegation that Plaintiff purchased the debt after charge-off and therefore denies it on that basis."
Would you like assistance with the next item?
Item #*: Plaintiff is a debt buyer, and the sole owner of the debt at issue. Plaintiff's California debt collector license application is currently pending.
To respond to item #*, you could state:
"Defendant lacks sufficient information to admit or deny the allegation that Plaintiff is the sole owner of the debt at issue and that Plaintiff's California debt collector license application is currently pending, and therefore denies it on that basis."
Would you like assistance with the next item?
can a debt collector collect debt in california while their application is currently pending?
In California, a debt collector must be licensed to collect debts. If their application is pending, they cannot legally collect debts until the license is granted.
Would you like details on how this could affect your case?