Legal Question in Credit and Debt Law in California

1. No.

2. Don't know what you mean by a "sworn denial"? If you're referring to a "verified answer", you don't have to verify your answer if the complaint is not verified.

3. No. You are not an attorney and cannot speak for your spouse.

4. Don't know what you mean by a "gradual denial."

Please get an attorney to help you if only to help draft papers for you. This is only the beginning (they may move to demur to your answer or strike), you're going to have to do discovery next, and this litigation is going to be way too complicated for people without legal training.

Larry L. Doan

https://www.lawguru.com/cgi/bbs/attyPages/liem.html

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1. Typically, an answer, such as you would file with a PLD-C-010 form, does not have to be notarized. However, it may have to be "verified," depending upon how the complaint was prepared. You can learn about verification here:

http://law.justia.com/california/codes/ccp/446.html

2. I'm not sure what you mean when you say "sworn denial." I assume you haven't yet appeared in this case, which means you need to file some sort of responsive pleading to avoid having a default entered against you. This could be done by filing the answer you mentioned in your question. It could also potentially be done by filing a "general denial." There is a form for that here:

http://www.courtinfo.ca.gov/forms/fillable/pld050.pdf

Note that there are limits on whether you can file a general denial, so read the form carefully.

An affidavit is probably not necessary if you haven't yet appeared in the case. However, EVERY responsive pleading you file, whether an answer, a general denial, or whatever, will have to be "sworn" in the sense that you will have to affirm that it is true, and stand behind it.

3. Only licensed attorneys can represent others in California courts. In small claims court there are some exceptions. For example, non-attorneys can represent corporations in small claims court.

4. I'm not sure what you mean by "gradual denial." I'm not aware of a procedure to gradually deny the facts described in a civil complaint. Assuming you mean "general denial," it is probably not the best way to formally demand proof. However, you will want to include any facts or affirmative defenses that support your side of the conflict.

Plaintiffs typically don't have to produce proof early in the litigation process. Often, they don't have to prove their case until there has been time for gathering facts. Facts are typically gathered through "discovery," which is a process for exchanging documents, and answering questions about what happened. You can read about the discovery process here:

http://california-discovery-law.com/discovery_act_outline.htm

If you think the plaintiff's complaint is deficient on its face, there may be other ways to respond to the complaint that force the plaintiff to support his claims sooner in the process, such as by filing a demurrer, or a motion to strike. But you want to be careful to understand those procedures before going that route.

You do not mention what court your case was filed in. Procedures in small claims court can be very different, often simpler and faster.