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Question
i received a court summons to answer a to the court within 20 days for a past due credit card from 5 years ago. the plaintiff is a 3rd party debt collector i plan on answering it as follows; 1,general denial 2,i dont owe this debt 3,i do not have buisness relations with plaintiff (plaintiff lacks standing) 4, the statutes of limitations apply 5, please take notice my only source of income is unemployment insurance which is exempt from collection. my question is do you think that will work to get this dismissed? and also when i put down the statutes of limitations apply, is that admitting guilt and the statutes of limitations would start all over?
Submitted: 18 days and 9 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by
Wayne Patterson
18 days and 8 hours ago.
Answer
Putting down the statute of limitations is not admitting guilt and does not start them over. You will need to follow the same format as the complaint and you would need to admit or deny each paragraph. This is where you use the general denial. Then you would list your defenses 2, 3, and 4. You would not mention the unemployment insurance. Here is a standard answer for a guide.
http://www.kinseylaw.com/attyserv/civil/answers/answer.html
18 days and 8 hours ago.
Reply
ok here is the complaint as it reads 1. the plaintiff is the assignee of chase bank 2. at the specific instance and request of the defendant, the original creditor issued the defendant one of its charge cards on a revolving charge card account basis. 3. defendant has failed and refused to pay the plaintiff the remaining balance of its account sum of $$ together with interest accruing thereon, as evidenced by the attached exhibit A, which is an affidavit of claim which basicly says that black acre enterprises owns and holds the account due to owing by the defendant. which i have been told that its not an original affidavit and can be sticken from evidence because it is not the original crediter is this true?. so my question is should i go through and write general denial on every line and then go through and write my defences because the court just told me to write my answer so would rewrite what they wrote and put general denial at the begining or end of every line?
Posted by
Wayne Patterson
18 days and 8 hours ago.
Answer
Simply take a look at the example and follow that as a guide. For example you would deny number one and demand strict proof thereof.
18 days and 7 hours ago.
Reply
last question before i accept your answer just to make sure i am clear,, i write that i general deny all aspects of the complaint answering each paragraph. then list my defences and last but not least deny all aspects of ehibit "A" and demand strict proof thereof?
Accepted Answer
You would admit the items that are true and deny the others. For example you would not deny that you were issued a card if that is what happened.
Expert:
Wayne Patterson
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Answered:
11/4/2009
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Experienced in Construction Law and Traffic Law
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