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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: 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:
One more thing, you are judgment proof. Thus, even if the debt collector prevails, it will not be able to collect from you.
"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.
Since these guys are not the original creditor...should I admit to anything????
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