Tulare — Answer to Civil Contract

Source: https://www.tulare.courts.ca.gov/system/files/forms-and-filings/answer-civil-contract-packet-05-07-2025.pdf

Sparse pages use OCR; original PDF remains authoritative.

www.tulare.courts.ca.gov (559) 730-5000

ANSWER TO CONTRACT: CIVIL COMPLAINT

This packet includes blank forms of:

PLD-C-010: Answer - Contract

Attachment 4: Affirmative Defenses (optional)

Verification of Pleading

POS-030: Proof of Service by First-Class Mail - Civil

If you've been sued, you typically have 30 days to respond, starting from when you were served with the

Summons and Complaint. If you do nothing, the judge can decide the case without your input. The most common way to respond is to file an Answer. In an Answer, you can deny the claims alleged in the Complaint and say what your defenses are or might be. If you file an Answer, you and the Plaintiff will have an opportunity to present your case to the court. You can contact the Plaintiff to reach an agreement at any time, even if you file your Answer. However, there can be downsides to filing an Answer. If the Plaintiff hired an attorney and they win, they may be able to ask for money to pay for their attorney’s fees.

The Process: Complete Answer File Forms Serve Plaintiff File POS Attend Hearing If you choose to file your Answer, complete the Answer and Verification of Pleading forms. An optional Affirmative Defenses Attachment may be attached to your Answer; just enter an “X” next to any defenses that apply to your situation. After completing your forms, make two copies of everything and bring them to the Clerk of Court for filing, located in Room 201 of the Visalia Courthouse, or at the Civil Filing windows at the South County Justice Center. You may be required to pay a filing fee. Ask the Clerk of Court about a fee waiver if you cannot afford the filing fee. The court will keep the original documents and give you back two file-stamped copies. One copy is for your records, and the other copy is to be served on the Plaintiff. The server, someone 18 or older who is not a party to the case, will mail the Answer to the Plaintiff, and then complete the Proof of Service. Bring the original Proof of Service and one copy to the Clerk of Court for filing.

Other Resources: • California Courts’ Self-Help website: https://selfhelp.courts.ca.gov/ • Tulare County Law Library: https://tularecounty.ca.gov/lawlibrary/ • Sacramento County Public Law Library: https://saclaw.org/

I M P O R T A N T N O T I C E:

The Self-Help Resource Center (SHRC) is providing this packet to you as a courtesy, because the SHRC only assists with family, probate of the person, and select civil issues which do not include civil claims matters. Nothing in this guide should be considered legal advice. Civil cases can be complicated; speak with an attorney if you have specific questions about your case.

Revised 05/07/2025

PLD-C-010

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: FOR COURT USE ONLY:

ATTORNEY FOR (NAME):

Insert name of court, judicial district or branch court, if any, and post office and street address:

PLAINTIFF:

DEFENDANT:

ANSWER - Contract CASE NUMBER:

= TO COMPLAINT OF (name): = TO CROSS-COMPLAINT (name):

1. This pleading, including attachments and exhibits, consists of the following number of pages:
2. DEFENDANT (name):

answers the complaint or cross-complaint as follows:
3. Check ONLY ONE of the next two boxes:
a. = Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if
the verified complaint or cross-complaint 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):

= 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):

= Continued on Attachment 3.b.(2).
If this form is used to answer a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant. Page 1 of 2

Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California ANSWER- Contract www.courtinfo.ca.gov PLD-C-010 [Rev. January 1, 2007]

PLD-C-010

SHORT TITLE: CASE NUMBER:

ANSWER-Contract

4. = AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything:

= Continued on Attachment 4. 5. = Other:

6. DEFENDANT PRAYS
a. that plaintiff take nothing.
b. = for costs of suit.
c. = other (specify):

...................................................................................................................................................
(Type or print name) (Signature of party or attorney)

PLD-C-010 [Rev. January 1, 2007] Page 2 of 2 ANSWER- Contract

1 Case No. ________________

2 Attachment 4: Affirmative Defenses–Contract

3 _____ Ambiguity – Plaintiff did not clearly state the amount or the issue(s) in this case, which makes

it hard for me to respond. I ask the Court to allow me to add more defenses later if I need to. 4

_____ Failure to Mitigate Damages – Plaintiff is not entitled to interest and/or attorneys’ fees when it

5 allowed them to add up unnecessarily by: 6 ___ refusing a reasonable settlement offered by Defendant. 7 ___ failing to take prompt action to collect the alleged debt, to try to obtain a reasonable 8 settlement with Defendant; and/or to file a lawsuit in Court to collect.

9 ____ Common Counts Only – Plaintiff is not entitled to the amount demanded in the Complaint:

10 ___ Plaintiff failed to give me credit for payments I made.

___ Plaintiff agreed to accept or accepted a lower amount to pay off the debt, but is now asking11 for more than the amount we agreed to.

12 ___ Plaintiff failed to make payments under the insurance plan I purchased. 13 ___ I am a victim of identity theft and do not owe the debt. 14 ___ All or part of the transactions resulted from fraud, deceit or misrepresentation. 15 ___ Other reason: ___________________________________________________________ 16 ____ Breach of Contract by Plaintiff - Plaintiff failed to comply with the terms of the contract by:

17 ___ changing the terms of the contract without my consent.

___ failing to give me credit for payments I made.18 ___ agreeing to change the original contract, but not honoring the new agreement.

19 ___ failing to make payments under the insurance plan I purchased. 20 ___ breaching the implied warranty of good faith and fair dealing by acting unreasonably, which 21 denied me the benefits I had under the contract. 22 ____ No Breach of Contract - I did what I was required to do under the contract except anything I was 23 prevented or excused from doing, so I do not owe Plaintiff the money it is demanding.

24 ____ Breach of Warranty – What I bought was under warranty but did not work as it was supposed to.

____ Tender of Payment – I offered the full payment I owed but the Plaintiff refused to accept it.25 ____ Accord and Satisfaction – Plaintiff and I already resolved our problem, so Plaintiff cannot sue me.

26 ____ Substantial Compliance – I complied with most of the contract, except for a small part. 27 ____ Failure to Disclose – Plaintiff did not disclose important information to me, so I could not comply 28 with the contract or was unaware of what I had to do.

____ Unclean Hands – Plaintiff is attempting to benefit from its wrongdoing.

____ Unjust Enrichment – Plaintiff would receive more money than it deserves if it wins. Debt Collection Defenses 5-23-11

1 ____ Invalid/Illegal Contract – The contract is invalid/illegal and cannot be enforced because:

___ identity theft – I am a victim of identity theft and do not owe the debt. 2

___ fraud, deceit or misrepresentation – All or part of the contract or transaction resulted 3 from fraud, deceit or misrepresentation by Plaintiff or another party.

4 ___ lack of acceptance - I did not agree to the contract or certain terms of the contract. 5 ___ lack of consideration - I did not receive any goods or services, received them late, or 6 received goods that were defective and/or services that were substandard. 7 ___ rescission/return of goods/security- CC § 1691. On or about __________, I returned to 8 Plaintiff what I received under the contract on condition that Plaintiff cancel my obligation. 9 ___ incapacity - I was under 18, mentally or physically incapacitated, or disabled, which 10 prevented me from having the legal capacity to enter into or understand the contract.

11 ___ duress/undue influence Plaintiff made me enter into the contract against my will by

12 taking unfair advantage of my mental state/incapacity or by using threats or force.

___ mistake – There was a mistake made as to the terms that were agreed to by the parties.13

___ impossibility or impracticability - I could not comply with the contract because it was not14 possible or practical to do so.

15 ___ frustration of purpose - Something unexpected occurred which totally destroyed the 16 items or goods, or prevented me from receiving them, so I should not have to pay for them. 17 ___ translation of contract - Cal. Civ. Code § 1632 I negotiated the contract with Plaintiff or 18 its representative in __Spanish __Chinese __Tagalog __Vietnamese or __ Korean. Plaintiff 19 violated this law by failing to give me copies of the contract in my language as required. I 20 revoke and cancel the contract and Plaintiff cannot collect any money from me. 21 ____ Excuse – I have a legal reason why I did not have to comply with the contract.

22 ___ prevented from performance - Cal. Civ. Code § 1511 - Plaintiff or someone else did or said

23 something that prevented me from complying with the contract.

___ anticipatory repudiation – Before I had to make payment, Plaintiff told me it would not do24

what it was supposed to do under the contract, so I did not have to pay anymore.25

___ failure of condition precedent - Cal. Civ. Code § 1498 – Plaintiff did not comply with a

26 specific term or condition of the contract which it was required to do before I had to pay. 27 ___ cancellation – The contract was already cancelled. 28

Debt Collection Defenses 5-23-11

____ Failure to State a Cause of Action – Plaintiff failed to state an essential element for: 1 ___ Breach of Contract: ___ It is not the original creditor I had an account with and did not state 2 ___ who the original owner of the account was 3 ___ it is now the legal owner of this account and has the right to sue on it ___ It did not state the specific date the contract was entered into 4 ___ It did not state the specific date the contract was breached/not complied with 5 ___ Other: ______________________________________________________ ___ Common Counts: ___ It is not the original creditor I had an account with and did not state 6 ___ who the original owner of the account was 7 ___ it is now the legal owner of this account and has the right to sue on it ___ Other: ______________________________________________________ 8 Therefore, Plaintiff’s claim is invalid and Plaintiff is not entitled to collect the amount demanded. 9 ____ Statute of Limitations – Plaintiff cannot proceed with this case or be awarded any money 10 because it filed and/or served its Complaint after the statute of limitations expired under: 11 ___ Cal. Code of Civ. Proc. § 337 subd. 1; subd. 2 (1),(2),(3) – An action based on a written

12 contract (subd. 1); or an open book account or account stated (subd. 2 (1),(2),(3)) must be

filed within 4 years from the date of the last item, which is the date the last payment became13

due, but was not paid, Plaintiff stopped extending credit and there was no more activity.

14 ___ Cal. Code of Civ. Proc. § 339 – An action based on an oral contract must be filed within 2 15 years of when the cause of action accrued (when the amount became due and not paid). 16 ___ Delaware Code Ann. Tit.10, § 8106 - An action based on a written contract must be filed

17 within 3 years of when the claim accrued (when the amount became due and was not paid)

because the original creditor of the account is incorporated in Delaware and the credit18 card agreement between Defendant and the original creditor stated that Delaware law

19 applied. (Resurgence Financial, LLC v. Chambers (2009) 173 Cal.App.4 th Supp. 1) 20 ____ Discharge by Bankruptcy – 11 U.S.C. § 362(a) I filed for bankruptcy, Case #: ____________. 21 ___ I ask the Court to stay/suspend Plaintiff’s action against me until the bankruptcy case is over.

22 ___ The bankruptcy Court ruled I do not have to pay this debt. I ask the Court to dismiss this case.

____ Public Policy – Plaintiff violated public policy by engaging in illegal conduct.23 ____ Waiver – Plaintiff gave up its right(s) under the contract. It cannot collect the amount demanded. 24 ____ Standing - Plaintiff is not who I entered into a Contract with. 25 ___ It did not state that it is the legal owner of this alleged debt and has the right to bring this 26 case to collect the debt.

27 ___ It did not provide a copy of an agreement which shows it is the legal owner of this alleged

debt and has the right to bring this case to collect the debt.28

____ Laches – Plaintiff failed to take legal action for a long time, which caused me to believe it was not

trying to collect this alleged debt. This caused me harm as it is now asking for much more money.

Debt Collection Defenses 5-23-11

1 ____ No Damage to Plaintiff – Even if Plaintiff’s other allegations are true, Plaintiff did not suffer

2 damages (economic loss).

3 ____ Mistaken Identity – Plaintiff has sued the wrong person.

4 ____ Parol Evidence Rule – At the time the contract was entered into, it was intended to be the full

5 agreement between the parties. Plaintiff cannot now present evidence to change the agreement.

6 ____ Res Judicata/Collateral Estoppel. - Plaintiff cannot sue me. There was a judgment as to the facts

7 and/or legal issues in a prior case. I ask the Court to take judicial notice of Case # ___________.

8 ____ Usury- CC §§ 1914.12-1, 1916.12-2 - Plaintiff charged a higher interest rate than the law allows.

9 ____ Lack of Venue – Plaintiff filed in the wrong court.

10 ____ Lack of Jurisdiction – The Court does not have power to hear this case.

11 ____ Novation – With Plaintiff’s consent or knowledge, I substituted someone else for myself in the

12 contract. I am no longer responsible for any debt related to the contract.

13 ____ Statute of Frauds - CC § 1624(a)(1-7) – The oral contract is unenforceable because it is required

14 to be in writing.

15 ____ Vexatious Litigant - CC § 391.7 – Plaintiff has abused the court system by filing too many

16 frivolous lawsuits without an attorney and should be prohibited from filing another lawsuit.

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Debt Collection Defenses 5-23-11

VERIFICATION

FORM No. 2

Verification of Pleading (Code Civ. Proc., § 446)

Declaration under Penalty of Perjury Form (Code Civ. Proc., §§ 446, 2015.5)

by Party

CASE TITLE

I, , declare:
(Name)

I am the in the above-entitled matter.

I have read the foregoing

(pleading, e.g., complaint) and know the contents thereof.

The same is true of my own knowledge, except as to those matters which are

therein stated on information and belief, and, as to those matters, I believe it to be true.

Executed on , 20 , at
County, California.

I declare (or certify) under penalty of perjury that the foregoing is true and correct.

(Signature of Party)

POS-030

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO.(Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL CASE NUMBER:

(Do not use this Proof of Service to show service of a Summons and Complaint.)

1. I am over 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing

   took place.

2. My residence or business address is:

3. On (date) : I mailed from (city and state): the following documents (specify):

= The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)).

4. I served the documents by enclosing them in an envelope and (check one) :

   a. = depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. = placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.

5. The envelope was addressed and mailed as follows: a. Name of person served: b. Address of person served:

= The name and address of each person to whom I mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail-Civil (Persons Served) (POS-030(P)).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM)

Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL Code of Civil Procedure, §§ 1013, 1013a Judicial Council of California www.courtinfo.ca.gov POS-030 [New January 1, 2005] (Proof of Service)

INFORMATION SHEET FOR PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL

(This information sheet is not part of the Proof of Service and does not need to be copied, served, or filed.)

NOTE: This form should not be used for proof of service of a summons and complaint. For that purpose, use Proof of Service of Summons (form POS-010).

Use these instructions to complete the Proof of Service by First-Class Mail - Civil (form POS-030).

A person over 18 years of age must serve the documents. There are two main ways to serve documents: (1) by personal delivery and (2) by mail. Certain documents must be personally served. You must determine whether personal service is required for a document. Use the Proof of Personal Service - Civil (form POS-020) if the documents were personally served.

The person who served the documents by mail must complete a proof of service form for the documents served. You cannot serve documents if you are a party to the action.

INSTRUCTIONS FOR THE PERSON WHO SERVED THE DOCUMENTS

The proof of service should be printed or typed. If you have Internet access, a fillable version of the Proof of Service form is available at www.courtinfo.ca.gov/forms.

Complete the top section of the proof of service form as follows:

First box, left side : In this box print the name, address, and telephone number of the person for whom you served the documents.

Second box, left side : Print the name of the county in which the legal action is filed and the court's address in this box. The address for the court should be the same as on the documents that you served.

Third box, left side: Print the names of the Petitioner/Plaintiff and Respondent/Defendant in this box. Use the same names as are on the documents that you served.

First box, top of form, right side: Leave this box blank for the court's use.

Second box, right side: Print the case number in this box. The case number should be the same as the case number on the documents that you served.

Complete items 1-5 as follows:

1. You are stating that you are over the age of 18 and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place.

2. Print your home or business address.

3. Provide the date and place of the mailing and list the name of each document that you mailed. If you need more space to list the documents, check the box in item 3, complete the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)), and attach it to form POS-030.

4. For item 4:

   Check box a if you personally put the documents in the regular U.S. mail. Check box b if you put the documents in the mail at your place of business.

5. Provide the name and address of each person to whom you mailed the documents. If you mailed the documents to more than one person, check the box in item 5, complete the Attachment to Proof of Service by First-Class Mail - Civil (Persons Served)(form POS-030(P)), and attach it to form POS-030.

At the bottom, fill in the date on which you signed the form, print your name, and sign the form. By signing, you are stating under penalty of perjury that all the information you have provided on form POS-030 is true and correct.

POS-030 [New January 1, 2005] PROOF OF SERVICE BY FIRST CLASS MAIL - CIVIL (Proof of Service)