Sample Claim Statement With Debt Recovery In Santa Clara
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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.
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.
A form called “SC-100” must be completed by you to start a Small Claims case. Once the SC-100 form is filled out, take it to the correct courthouse to file it with the court clerk.
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.
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.
If you write a letter, instead of using the tear-off form, the debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or ...
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Start by sending a written letter to the debt collection agency contesting the debt—and make sure you do it within 30 days of being contacted by a debt collector. In your letter, request verification of the total amount you owe. It's a smart idea to send the letter via certified mail and ask for a return receipt.
The only thing you should ever say to debt collectors is ``what is your address''. Get it and then hang up. Write them a letter saying that any form of contact other than mail is inconvenient for you. Also state that you have no knowledge of the debt, and ask them to verify it with the original creditor.
For example, if a creditor accepts $6,000 as payment in full for a debt that is valued at $10,000, than the savings achieved as a result of the settlement is $4,000 (i.e. $10,000 - $6,000 = $4,000).
