So far, I am no closer to Answering this summons than I was with my first question and it appears as though I have been charged for my session when I am not satisfied with the answers I have been given.
1. A Summons was served to two people a husband and wife in AZ for credit card debt
by a law firm claiming to represent a Bank Capital One. We are unsure whether this is actually the bank suing or if it is a collection agency
attempting to sue for the bank's debt. This I understand is FRAUD, how do we answer the first part of the complaint as to Plaintiff is a national banking assoc.? Denied? or Neither admit or deny and How to word a demand for proof that they are the representatives of the bank, not a collections law firm????
In their affidavit it states that they are a "litigation support representative and authorized agent of plaintiff capital one familiar with the manner and method by which Capital one maintains business records and defaulted accounts"
2. The card was allegedly opened in the husband's name with a courtesy card for the wife. She has no recollection of the card or awareness of the debt. The husband passed away 10 before the summons was served. In the Answer can she demand proof of the contract
between her husband and the credit card company and proof of all the charges with original signatures for both? If so, how do you word it?
2. The husband named is the incorrect name on the summons, his legal name has "Sr." after it and nowhere is there Sr. on the summons or complaint.
3. Third count states both defendants entered into a contract with Plaintiff for credit card services. The husband allegedly entered into the contract but in AZ it is community property so is the wife responsible for the debt?? she has no recollection of this charge card or the charges. How to answer? denied. and how to ask for proof of this in the answer???
4 fourth counts states Defendants breached contract by failing to pay as required and last payment was May, 2010. again wife has no recollection of account and husband is deceased how to answer and ask for original signature on docs??
5. fifth count states Defendants owe the plaintiff thousands of dollars again how to answer and demand proof of original signature on documents???
6. sixth count states Plaintiff made demands for payment but defendants failed and refused to pay. wife has no knowledge of these demands or recollection of charges. How to answer denied and ask for proof that demands were made????
7. seventh count asserts Plaintiffs have right to recover atty fees in accordance with the "contract" that the wife has no knowledge of and has not seen it from Plaintiff with an original signature. How to answer and respond to demand proof of original contract????
Lastly, how to ask for a postponement for at least two months to make funeral arrangements and recover from the death of her husband. And what about an affirmative defense??? How would you word that?
I would like an answer to each and ever one of these questions. I paid $45 which was the maximum for a very detailed answer with the highest level of urgency, we now have 8 days to answer this. If I cannot get the answers to these questions as they were asked I will not be "satisfied" as your guarantee states so please advise me that you are unable and refund my money as promised timely so I may seek other counsel. Time is of the essence in this matter. Thank you.