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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience:  B.A.; M.B.A.; J.D.
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I am being sued over a Visa card that has been bought by another

Resolved Question:

I am being sued over a Visa card that has been bought by another company. The last date of activity was 4/27/04 and the account was closed on 2/23/06. I am totally and permanently disabled and on Social Security Disability. What is the best way for me to answer the summons I have recieved? Should I detail the facts of my illness that related to my having to go on disability and creating my financial problems that led to this? At the very begining I attempted to try to arrange for lower payments with the original creditor, but they would not and demanded full payment which I of course I could not do. There had not been any contact since until just recently when apparently this new company bought the account. Any help you can give would be much appreciated. Please feel free to call me at my phone number listed in my profile for any additional needed information, 24/7. I will be up all night awaiting your answer due to my tight timetable. Thank-you.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.

First and foremost, do not be afraid.

Second, answer the complaint.

You answer the complaint by denying or admitting to the allegations on the complaint, or stating that you do not have enough information to admit or deny the allegation. You also put in some defenses you may have against the creditor.

You answer each numbered paragraph separately:

Defendant's answer to the Plaintiff's Complaint

Now comes (your name), the Defendant, in the above-captioned action and responds to the Plaintiff’s Complaint as follows: Examples


1. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 1.

2. Admit.

3. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 3.

4. The Defendant does not have sufficient information to deny or admit to the allegations in Paragraph 4. This is a contract action and Plaintiff did not attach a copy of the subject contract to its Complaint.


5. Defendant does not have any privity of contract with the Plaintiff


and so on...


Lastly, you state: WHEREFORE, the defendant requests that the Court dismiss the Plaintiff's case, etc.


Then you sign and date your answer, include your name, address, and phone number.

Your submit the original of your answer to the Court and serve a copy to the creditor’s attorney.


Date on the left

Name, address, phone number on the right



_______________
April 10, 2009 Name and Address
Phone Number


Sample Certificate of Service:

CERTIFICATE OF SERVICE

I, XYZ, certify that I have this 10th day of April, 2009 served a copy of the within Defendant’s Answer to Plaintiff’s Complaint for Damages on ( ABC ) and (ZZZ), by mailing said thereof by first class mail, postage prepaid, to its Attorney at the following addresses:
(1)

(2)
Signed under penalties of perjury,

Date on the left

Name, address, phone number on the right




________________________
Date: April 10, 2009 Your Signature
Your name and address
Phone number here

Also, check out this site for tips on how to defend collection lawsuits:


http://www.nedap.org/hotline/defenses.html


One more thing, you are judgment proof. Thus, even if the debt collector prevails, it will not be able to collect from you.


Best wishes,

Customer: replied 5 years ago.
Should I state anything about my being Totally and Permanently Disabeled? Should I state anything about my income being from Social Security Disability? What about my original intent of paying the original creditor and their refusal?
Customer: replied 5 years ago.
Also on #2 you say "Admit"....not sure I understand.
Expert:  Phillips Esq. replied 5 years ago.

"Admit" was just an example how you answer the complaint.

You answer each paragraph by admitting, denying, stating that you do not have enough information to deny or admit it.

When answering the questions, you can mention your disability and income where appropriate. Let's say for instance on Paragraph 5 of the Plaintiff's complaint, Plaintiff alleges that you have refused to pay. Then on Paragraph 5 of your answer you will say the following:

Paragraph 5. Deny. Defendant is disabled and her sole income is from social security payments. Despite her disability, Defendant tried to work with the original creditor but the original creditor refused to work with her. Now, Defendant who is totally and permanently disabled cannot afford to make any payments to the Plaintiff, etc.

Customer: replied 5 years ago.
Any chance we are beyond a statue of limitations for collections on this since they are not the original creditor?
Customer: replied 5 years ago.

Since these guys are not the original creditor...should I admit to anything????

Customer: replied 5 years ago.
One last question before I accept, the balance requested from the new creditor is different than what the original creditor shows is owed. Also, the original creditor (my bank) still shows this account on their system (as closed, but on their system). Will the resolvement of this get this removed from their records (if I pay this new creditor?). If not, will I actually owe them both to get my credit squared away?
Expert:  Phillips Esq. replied 5 years ago.
That is my point all along. See where I mentioned that there is no privity of contract, etc. You want to admit to such things as your name, address but deny anything having to do with money and payment because you do not really know how much you owe and who you owe. You have not seen the document assigning the debt from the creditor to the Debt buyer, etc.

Unfortunately, the statute of limitations has not run on the debt. There is a 6-year statute of limitations on oral and open contracts, and 15 years on written ones. If there is a judgment, the statute of limitations is 21 years.

This is it for me tonight. If you have another follow-up question, you need to deal with another expert. I cannot add anything else to my answers.

Have a good night.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12925
Experience: B.A.; M.B.A.; J.D.
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