Answer Limited Up to 10KCal. Super. - 6th Dist.November 23, 2020PLD-C-010 AWORNEY 0R PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY Billy Vickers, pro se 2019 Flintcrest Dr San Jose, CA 95148 Tel: 408-421-7196 ATTORNEY FOR (NAME): NIA . Insert name of court, judicial district or branch court, if any, and post office and street E L E address: Superior Court 0f Califonia. County of Santa Clara Branch Name: DTS JAN 2 6 2021 191 N. First Street San Jose, CA 95113 . Clerk of the Court Sup n r e un a‘f eA Seam er Santa elemBYEEPUW PLAINTIFF: JPMorgan Chase DEFENDANT: Billy B Vickers ANSWER-Contract CASE NUMBER: X l TO COMPLAINT OF (name): JPMorgan Chase ZOCV373915E TO CROSS-COMPLAINT (name): 1. This pleading, including attachments and exhibits. consists ofthe following number of pages: 2 2. DEFENDANT (name): Billy B Vickers answers the complaint or cross-complaint as followss 3. Check ONLY ONE of the next two boxes: a. D Defendant generally denies each statement of the complaint 0r cross-complaint. (Do not check this box ifthe verified complaint or cross-complalnt demands more than $1,000.) b. Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): E Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true. so defendant denies them (use paragraph numbers or explain): ' Page 1 Paragraph 26, No. 4- Defendant has no knowledge that the claims sued upon herein were made and entered into by him. Defendant has never personally received any notice of any debt owed to Plaintiff. Page 2 - Paragraphs 3 - 28 Nos. 5, and Paragraphs 10 - 27 Nos. 5, 6, 7. 8, 9, 10, 11, and 12. Page 3 - Paragraphs 1-6, Nos. 13 and 14. E Continued on Attachment 3.b.(2). If This form ls used to answer a crossvcomplalnl. prainmf means cxoss-complalnant and defendant means crossdefendanl‘ Page 1 of 2 Form Approved for Optional Use Code of Civii Procedure. § 425‘12 Judicial Council o! California ANSWER-Contl’act www.courrs,ca.gov PLD-C-O10 [Rev‘ January ‘I. 2007] PLD-C-010 SHORT TITLE: CASE NUMBER: ANSWER (Case N0. 200V373915) Page 2 200V3739‘15 4. 5. 6. ANSWER-Contract AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: 1. Defendant had no personal knowledge of the existence of the financial account(s) and debts alleged by Plaintiff before being served by Plaintiff with this suit. 2. To the best of Defendant‘s knowledge and recollectiOn. Defendant did not personally receive any communications from Plaintiff concerning this alleged debt before the filing of this suit. 3. Plaintiff, 0r any 0f it's representatives or agents, has to the best of Defendant's knowledge and recollection, never spoken to Defendant concerning the alleged debt. 4. To the best of Defendant's knowledge and recollection, Plaintiff has never sent any communications such as certified mail that would require Defendant's signature to confirm that Defendant was made aware ofthe alleged debt. 5. Plaintiff has failed t0 notify Defendant in such a manner as to actually inform Defendant personally 0f the alleged debt in order for Defendant to determine the potential validity 0f the alleged debt and to have an opportunity to settle the alleged debt if found to be valid. 6. On page 2, paragraph 25, No. 12. plaintiff attempts to establish the validity of the debt by the use of vague terms when stating, "Defendant, by words or conduct. agreed that the amount stated in the account was the correct amount owed to Plaintiff and promised to pay the stated amount". Defendant denies this assertion and all others previously denied. D Continued on Attachment 4.E Other 1. Defendant demands that plaintiff produce the signed contract that plaintiff alleges to have established 1he alleged debt. DEFENDANT PRAYS that plaintiff take nothing.E for costs of suit. Other (specify): That plaintiff take nothing unless plaintiff produces and supplies to defendant a signed valid contract between plaintiff and defendant that estabtishes the alleged debt. BillyVickers > 9L3 - / (Type or print name) {Signature ol party or atfiey) PLD-C - 010 [Rev. January 1. 2007] ANSWER-contract Page 2 of 2 For your protection and privacy. please press the Clear This Form button after you have Printed the form I Print this form l I Save this form Clear this form T0: Court Clerk 0f Santa Clara County Superior Court 0f California DTS Branch From: Billy Vickers Re: Case No. 20CV37391 5 Filing ofAnswer, Proof of Service, and Fee Payment. Dear Sirs, Enclosed is an Answer and a check for the $225 filing fee, and Proof 0f Service Form(s) for Case No: 200V37391 5. The Answer was filed yesterday on January 25, 2021 (by depositing in the court's drop box) but was rej ected because payment 0f fee was not included and because the Proof of Service signature was not dated. Enclosed in this envelope are: 1. Another original of the Answer in this case, 2. A check for the $225 required filing fee, 3. Another Proof of Service (dated January 26, 2021) 4. AND another Proof 0f service (dated January 25, 2021) The two Proofs 0f Service are included because a copy 0f the ANSWER in this case was mailed t0 plaintiff on Jan 25‘1‘and another was also mailed again (with dates) on January 26m. I am not sure if the court will use the previous filing date (Jan 25m) now that payment has been received, or if the court will count the ANSWER as filed 0n Jan 26”] because that is the date payment was received. The additional Proof 0f Service certifying that another copy of the ANSWER was mailed to plaintiff 0n Jan 26m is also included in case the court lists the ANSWER as filed on Jan 26m. With the Iock-down and the court closing (limited services) it has been very difficult to get information on various filing requirements. The two Proofs of Service are included so that the court can choose which one is appropriate and discard the other. If any further information is needed please contact me by phone 0r text at 408-42 11-7196 or by email at bbvicker386@gmai1.com Sincerely, Billy Vickers