Sample Claim Statement With Debt Recovery In San Diego
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The purpose of a demand letter is to formally notify the other party of a grievance or claim, giving them the opportunity to settle the matter outside of court. This practice is recognized under Philippine law as a prelude to litigation, providing a final opportunity for the parties to resolve their conflict amicably.
To file or defend a case in small claims court, you must be (a) at least 18 years old or legally emancipated, and (b) mentally competent. A person must be represented by a Guardian ad Litem if he or she is under 18 and not legally emancipated, or has been declared mentally incompetent by a court.
An individual, which includes a sole proprietorship, may file a claim up to a maximum of $12,500. Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court.
You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.
The Small Claims Hearing You must submit copies of your evidence to the court and to each party in your case at least 10 days prior to the hearing. When submitting evidence, you must complete form LASC CIV 278 and use LASC CIV 279 mailing labels.
Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
DEBT COLLECTORS CANNOT: contact you at unreasonable places or times (such as before AM or after PM local time); use or threaten to use violence or criminal means to harm you, your reputation or your property; use obscene or profane language;
``TO WHOM IT MAY CONCERN: This letter serves to inform you that I dispute the validity of this debt. I expect, as a result of my informing you of this dispute, that I will be mailed a copy of verification of this debt. I also request that you provide the name and address of the original creditor.
Most debt settlement letters include: The date, name, and address of the credit card company. A notation after the address that this is regarding a hardship letter. The credit card number and amount of the debt. A short statement of your financial situation, why you're in that situation, and why full payment is a hardship.
