Clerk Rejection Letter

Cal. Super. - 6th Dist.November 23, 2020

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE - CIVIL DIVISION 191 North First Street San José, California 95 1 l3 (408) 8822100 - Public Case Information Website: httpsrllcmportalscscourtorqlPortall Providing access to local cases through online search & retn‘eval. o Main Website: www.scscourMm Providing access to ruies, self help information. forms, fees. locations & phone numbers. Civil Filing Rejection Letter ] Case Number: 200V373915 [ % ] case Title: SPMorgan v Vickers Dear Sir/Madam: The Document is being returned for the folIowing reason(s): 1. D The Civil Case Cover Sheet adopted by Rule 3.220 is missing. Please submit the cover sheet within 10 days of this Notice or you may be subject to sanctions under California Rules of Court, Rule 2.30. D The case number is D missing, D incorrect, or D incomplete. D The documents MUST be on adopted Judicial Council forms. D Forms are obsolete. D The document is incomplete. Please complete information where “Red" check marks are placed. D The document is missing an original signature. D The document requires a $ Filing Fee orWaiver of Fees granted by this Court. 51.03.019.03!" D The document is not in compliance with Rule 2.100-2.‘I 1 9 as follows: a. D Caption page required c. D State Bar Number required b. D Two-hole punch and stapled d. D Telephone number 8. D RequestforDismissalisincomplete. Please providetheinformation requested. Complete: a. D item 1a. D item ‘Ib. b. D item 2,need consentof D Cross-Compiaint D lntervener D Complaint 9. D An Order of Court is required prior to fiIing this document. 10. D The case was dismissed on: 11. D The document is filed in the incorrect Court. 1; D Other: Answer requires a $225 filing fee (fee waiver attached). Also. signature date missing on proof of service. Notes for Future Reference: 15. D To expedite your requests for Writs or Abstracts, please submit an endorsed filed copy of yourjudgment. 16. D Please enclose a self-addressed stamped envelope for the return of your copies. 17. D Please make checks payable to: Clerk Superior Court Date: 01/25/2021 Clerk of the Court Clerk.@Hmd) . DePUtY The Cour! sraflfs nor authorizedm give you legal advice or instructyou on which legalfomrs 10 use, a: this cansn'nues an unauthorizedpractice aflaw. 77:9 Cour: recommends zlmr you seek appropriate legal assimmca CV-5020 REV 12/03“ 5 PLD-C-010 ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (NAME AND ADDRESS): TELEPHONE: j To CRosscompLAmT (name): FOR cower use omv Billy Vickers. pro 5e 2019 Flintcrest Dr San Jose, CA 95148 Tel: 408-421-7196 ATrORNEv F0R(NAME): NIA Insert name of court, judicial district or branch court, if any. and post office and street address: Superior Court of Califonia, County of Santa Clara Branch Name: DTS 191 N. First Street San Jose. CA 951 13 PLAINTIFF: JPMorgan Chase DEFENDANT: Billy B Vickers ANSWER-Contract case NUMBER: X T0 COMPLAINT 0F (name): JPMorgan Chase 20CV3739 1 5 1. This pleading, including attachments and exhibits, consists ofthe following number of pages: 2 2. DEFENDANT (name): Biliy B Vickers answers the complaint or cross-complaint as follows: 3. Check ONLY ONE of the next two boxes: a. E Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box ifthe verified complaint or cross-complaint demands more than $1,000.) b. Defendant admits that all 0f the statements of the complaint or cross-complarint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph ndmbers 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 n0 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 t0 Plaintiff. , Page 2 - Paragraphs 3 ~ 28 Nos. 5, and Paragraphs 10 - 27 No.5. 5, 6. 7. 8, 9, 10, 11, and 12. Page 3 - Paragraphs 1-6, Nos. 13 and “I4. E Continued on Attachment 3.b.(2). If this 1mm Es used to answer a cross-complalnt, praintitf means cross-complainant and defendant means crussdelendant. Form Approved (or Optional Use Judicial Council of Cardomia ANSWER-Contract FLDC-mo {Rem January 1. 2607] Page 1 of 2 Code of CM] Ptocedure. § 425.12 www.couns.ca.gov PLD-C-010 SHORT TITLE: CASE NUMBER: ANSWER (Case No. 200V373915) Page 2 200V373915 ANSWER-Contract 4. AFFIRMATIVE DEFENSES Defendant alleges the foltowing 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 alIeged debt before the filing of this suit. 3. Plaintiff, 0r any of it's representatives or agents, has to the best of Defendant's knowledge and recollection. never spoken t0 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 of the alleged debt. 5. Plaintiff has failed to notify Defendant in such a manner as to actually inform Defendant personally of the alleged debt in order for Defendant to determine the potential validity of 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 ofthe 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. E Continued on Attachment 4. 5. Other 1. Defendant demands that plaintiff produce the signed contract that plaintiff alleges to have established the alleged debt. 6. 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 establishes the alleged debt. Billy Vickers ' } 7b ' (Type ur print name) {Signatur'e'of party oranomey)//7 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. lg Print this form I I save this forfn I lw-J POS-030 AWORNEY OR PARW WITHOUT ATTORNEY (Name. Stare59mm and address}: FOR coum. SE HBmy Vickers “ ° " 2019 Flimcrest Dr San Jose. CA 95148 TempHoNE Ho: 408421 -71 96 FAX No. (Optional): EMAIL aounesa (ammo: ATTORNEY FOR mama): N/A SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F smeennnnsss: 191 N. First Street mum ADDRESS: cm AND ZIP cons: San Jose 951 13 BRANCH NAME: DTS PEUTIONEWPLAINTIFF: JPMorgan Chase RESPONDENTIDEFENDANT: Billy B. Vlckera case NUMBER.- PROOF OF SERVICE BY FlRST-CLASS MAlL-CIVIL 2OCV373915 (Do not use this Proof of Service to show service of a Summons and Compfalm.) 1. I am over 18 years of age and not a party to this action. | am a resident of or employed In the county where Ihe maltlng took place. 2. My residence or buslness address l5: YL’LQJO wuowoA‘ Drive Sawdvfiq GA ago?0 3. 0n (dale): 01I2512021 l malled (tom (city and stare): San Jose. CA the lollowlng documents (specify): Answer-Comract (Form PLD-C-O1 0) In response lo Complaint In Case # 200137391 5 E The documents are listed In the Attachment to Proof of Service by FIrst-Class Mair-CMI (Documents Served) (lorm POS-030(D)). 4. I served the documents by enclosing ihem in an envelope and (check one): a. m depositing the sealed envelope with the United Slates Postal Service with the postage fully prepald. b. E glaqlng the envelope for coilectlon and mailing tollowlng our ordinary business practlces. I am readlly tamlliar with Ihls buslness's practice {or collectlng and processing correspondence for malllng. On the same day that correspondence ls placed for collection and mailing. it la deposited In the ordlnary course of business wllh the Unlted States Postal Service [n a sealed envelope wlth postage lully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: JPMorgan Chase Bank. N.A. c/o SUTTELL & HAMMER. APO - Attorney Thomas J. Sebourn D~ Address of person served: PD. Box 0-90008 Bellevue. WA 98009 E The name and address of each person to whom | mailed the documents la listed in me Attachment Io Proof orSeMce by Flrsr-Class MaIf-CMI (Persons Served) (POS-030(P)). ldeclare under penalty of perjury under the Jaws of the Staie of Californla that the foregolng Is true and correct. Mm mm > J/ (TYPE QR PRINT NAME 08 P&RSGN cOMPLBfiNa 'neua Foam mama“ op PERSONcompmmemm Fennwwmww Use PROOF 0F SERVICE BY FIRST-CLASS MAILmCIVIL cm o! cm mature. ss tom manJuuml Council ol Cnlflamla . mm . Pos-osomawmnuary 1.20551 (Prom 0f SBWICG) mm “W