5schoens said:
we are the defendants of small claims court, it states on the summons we have thirty days to respond, but no one will tell us what form we need to use to answer the court. they state us pleading but there are so many forms i have spent 5 hours looking for the form. also the proof of service that was left at my husbands work is not signed or dated, can we also fight that issue. the forms were filed on Oct 15 so i'm guessing we don't have much time please help us immediately. the case is for a unpaid credit card.
My response:
There's a simple reason why you can't find a form for an "Answer" to a Small Claims Complaint - - there isn't one. In California, a Complaint is served, and you "answer" orally in court. That's it.
The proof of service that was left with your husband is of no moment. The one that counts is the one that's filed with the court - - it's that one that must be signed and dated. And, it must be if it was filed; otherwise, it would have been rejected by the Clerk. So, that's a dead issue.
If your debt has not been paid for 4 or more years, and they filed their action after those 4 years, then your defense is the Statute of Limitations. If they filed within 4 years after your last payment on the debt, your goose is cooked.
IAAL
