Re: CA to Attorneys

Posted by latvija (67.118.253.84) on February 14, 2004 at 18:42:02:

In Reply to: CA to Attorneys posted by Researching on February 14, 2004 at 17:15:47:

What are the Court requirements of your state? Your case might be handled as a "Small Claims Court" case--if it qualifies. It could be also handled as a "limited Civil" case--under $25,000.00.

So, I would famaliarize myself my State's Court system for handling Collection/Breach of Contract cases. If your county Court system is not online, I would visit your local courthouse and review previous cases. It does not matter what part of the state the OC/CA's lives--at least in California. One of the reasons for the location of filing is the County where you reside.

Most attorney's will send a letter saying pay up, contact, or else we'll go to Court. '

When I was sued in Small Claims Court in 1995. I could not answer the complaint, before the hearing. I had to show up and prove and argue my posisition. Now that I'm being sued in Civil Court, I had 30 days to prepare an answer. I have been collectin Answer's to a Summons in my counties Civil Court system.

What I'm basically trying to say, is to visit the courthouse, online or in person and review cases. Find out how your situation would be handled.

In reviewing cases, you will see what kind of information the Plaintiff is presenting against Defedants.

In my county, the Complaint or other papers filed by the Plaintiff/OC/CA usually address the SOL question. It is not uncommon for them to state the date of the last payment. Some cases have be accompanied by copies of the Defendant's checks written on that account.

Once you have reviewed the Plaintiff's case, you will find the law quoted for your state. If your state judicial codes are online, you might want to check every Civil Code citation in a case.

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