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Demurrer to Complaint

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Joined: 31 Mar 2011
raybork's page
Posts: 3
Location: California

0 Magic Points

Subject: Demurrer to Complaint
Posted on Thu Mar 31, 2011 8:31 am  

I was served a summons by a junk debt buyer for an account i had several years ago. I am in the process of typing up an answer and will be sending out debt validation letters to the junk debt buyer and their attorney as well. I was reading in the California of Civil Procedure Section 430.30 (c) A party objecting to a complaint or cross-complaint may demur and answer at the same time. I was thinking of filing a demur as well based on California Code of Civil Procedure Section 429.30 since the complaint had mentioned a written agreement with my original creditor that I allegedly breached, but failed to attach a copy of that agreement with my original creditor as proof or mention a reason why it wasn't attached as per Civil Procedure 429.30. My question is, can I file a demur for this reason and is it appropriate to site California Code of Civil Procedure 429.30 as my basis for the demurrer?


Joined: 08 Feb 2010
Aaron's page
Posts: 2632

48565 Magic Points

Posted on Fri Apr 01, 2011 6:16 am  

So, you mean to say that there was no such agreement between you and the original creditor? Otherwise, what could be the reason for your failure to attach it? Were you served properly?

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