California  |  Credit and Debt Law

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7/10/08, 12:12 pm

Legal Question


Sued by collection Agency -Please Help!

I am being sued by collection agency here in CA. There is really no account number on the summon/complaint. I don't know if the debt is legitimate. They are asking for an outrageous amount, plus 25% interest and attorney and court fees.

I will answer the summons/complaint within the 30 days allocated. However, I am not sure what kind of affirmative defenses to assert other than statue of limitation and that I don't believe I owe this debt.

I want to ask them to validate the debt, how can I word that in the affirmative defenses?

Also, when I send plaintiff my answer to the complaint do I also send them the signed proof of service? Does this proof have to have court stamp when I send it to plaintiff.

What happens after I file my answer? Do I wait for them to serve discovery on me and how long does that take? What kind of discovery can I serve on them besides bill of particulars?

I know that I should hire an attorney but right now I cant afford to pay full legal fees. I am hoping that there is an attorney out there who is willing to take a minimal or flat fee for their services.

Thank you for any replies. I am really stressed about this and appreciate any help.


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