What is the PLD-050 form used for?
The PLD-050 form is used in California courts for filing a general denial. If you're a defendant and you want to deny all allegations made in the plaintiff's complaint, this is the form you need. It is meant for cases where the amount in question is $1,000 or less or in certain limited civil cases with claims of $25,000 or less.
Who can file the PLD-050 form?
Any defendant involved in a legal action may file the PLD-050 form. However, it's important to note that if you have a counterclaim against the plaintiff, you may need to file a separate document called a cross-complaint. Not doing so could jeopardize your right to present that claim in court.
What specific conditions must be met to use the PLD-050 form?
You can use the PLD-050 form if the total amount being disputed is $1,000 or less. If the complaint is not verified, you can also use it in limited civil cases that involve claims up to $25,000. However, if the complaint pertains to a claim over $1,000 that has been assigned to a third party for collection, this form is not applicable.
How do I serve the PLD-050 form to the plaintiff?
After filing the PLD-050 form with the court, you must serve a copy to each plaintiff and their attorney, if they have one. You can deliver the documents personally or send them by mail. Whoever serves the documents must be at least 18 years old and not a party to the case. It’s essential that they complete and sign a proof of service afterward to confirm that the documents were properly served.
What happens after I file and serve the PLD-050 form?
Once you have filed the original PLD-050 form with the court clerk and served it to the plaintiff and their attorney, your denial of the allegations becomes part of the official court record. It's critical to keep proof of service, as you may need it to demonstrate that you properly notified the other party.
Is there anything I should keep in mind while filling out the PLD-050 form?
Make sure you fill out all required sections completely and accurately to avoid delays in processing. If you're dealing with sensitive information, remember to hit the "Clear This Form" button at the end to protect your privacy. If needed, attach additional pages for listing separate affirmative defenses, and ensure that you or your attorney signs the document before submission.