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Promissory note complaint how do I respond to this on the…

Customer Question
Promissory note complaint how...

Promissory note complaint how do I respond to this on the document?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Washington state

Lawyer's Assistant: Has anything been filed or reported?

Yes, with the county of Clark in southern Washington, I have 20 days but maybe 8 remaining. I've been to court house to get free info but it is so confusing to me!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How to respond thanks

Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
9/29/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,962
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

Is this small claims? Do you have the response form?

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Customer reply replied 7 months ago
No form just this.
Customer reply replied 7 months ago
This
Customer reply replied 7 months ago
His
Customer reply replied 7 months ago
this
Customer reply replied 7 months ago
Gosh I hope your still there
Customer reply replied 7 months ago
If I read the court house help correctly I think that's how I'm supposed to answer?
Lawyer: legalgems, Lawyer replied 7 months ago

Sorry- the question was closed for some reason so i couldn't respond or view it; please wait while I review the above.

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Customer reply replied 7 months ago
Cool
Lawyer: legalgems, Lawyer replied 7 months ago

Thank you; that is a customized pleading; a few minutes please.

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Lawyer: legalgems, Lawyer replied 7 months ago

So essentially when a party is served with a complaint, they have 20 days to file and serve a response pursuant to court rule 4.

The defendant would need to set forth any incorrect allegations, and to assert any affirmative defenses;

instructions on preparing an answer can be found here

This explains the process and how to negotiate

If a party does not respond the court will enter a default judgment-meaning the plaintiff will get all of the relief they requested, as the court will assume the defendant's lack of response indicates agreement with all allegations.

Relevant rules here

very detailed instructions here on page 25, with a sample answer on page 26.

Sample defenses to standard contract cases:

Ambiguity – Plaintiff did not clearly state the amount or the issue(s) in this case, which makes it difficult to respond.
Failure to Mitigate Damages – Plaintiff is not entitled to interest and/or attorneys’ fees when it allowed them to add up unnecessarily by:
___ refusing a reasonable settlement offered by Defendant.
___ failing to take prompt action to collect the alleged debt, to try to obtain a reasonable
settlement with Defendant; and/or to file a lawsuit in Court to collect.
___ Defendant is a victim of identity theft and does not owe the debt.
___ All or part of the transactions resulted from fraud, deceit or misrepresentation.

Breach of Contract by Plaintiff - Plaintiff failed to comply with the terms of the contract by:
___ changing the terms of the contract without consent.
___ failing to give credit for payment made.
___ agreeing to change the original contract, but not honoring the new agreement.
___ failing to make payments under the insurance plan purchased.
___ breaching the implied warranty of good faith and fair dealing by acting unreasonably, which
denied defendant the benefits secured under the contract.
___ No Breach of Contract - defendant did what the contract required.
____ Breach of Warranty –
____ Tender of Payment – Full payment was offered but Plaintiff refused to accept it.
____ Accord and Satisfaction – Parties already resolved the problem, so Plaintiff cannot sue.
____ Substantial Compliance – Defendant complied with most of the contract, except for a small part.
____ Failure to Disclose – Plaintiff did not disclose important information which prevented compliance
w
____ Unclean Hands – Plaintiff is attempting to benefit from its wrongdoing.
____ Unjust Enrichment – Plaintiff would receive more money than it deserves if it wins.

____ Invalid/Illegal Contract – The contract is invalid/illegal and cannot be enforced because:
___ identity theft – I am a victim of identity theft and do not owe the debt.
___ fraud, deceit or misrepresentation – All or part of the contract or transaction resulted
from fraud, deceit or misrepresentation by Plaintiff or another party.
___ lack of acceptance - I did not agree to the contract or certain terms of the contract.
___ lack of consideration - I did not receive any goods or services, received them late, or
received goods that were defective and/or services that were substandard.
___ rescission/return of goods/security- CC § 1691. On or about __________, I returned to
Plaintiff what I received under the contract on condition that Plaintiff cancel my obligation.
___ incapacity - I was under 18, mentally or physically incapacitated, or disabled, which
prevented me from having the legal capacity to enter into or understand the contract.
___ duress/undue influence Plaintiff made me enter into the contract against my will by
taking unfair advantage of my mental state/incapacity or by using threats or force.
___ mistake – There was a mistake made as to the terms that were agreed to by the parties.
___ impossibility or impracticability - I could not comply with the contract because it was not
possible or practical to do so.
___ frustration of purpose - Something unexpected occurred which totally destroyed the
items or goods, or prevented me from receiving them, so I should not have to pay for them.
___ translation of contract - Cal. Civ. Code § 1632 I negotiated the contract with Plaintiff or
its representative in __Spanish __Chinese __Tagalog __Vietnamese or __ Korean. Plaintiff
violated this law by failing to give me copies of the contract in my language as required. I
revoke and cancel the contract and Plaintiff cannot collect any money from me.
____ Excuse – I have a legal reason why I did not have to comply with the contract.
___ prevented from performance - Cal. Civ. Code § 1511 - Plaintiff or someone else did or said
something that prevented me from complying with the contract.
___ anticipatory repudiation – Before I had to make payment, Plaintiff told me it would not do
what it was supposed to do under the contract, so I did not have to pay anymore.
___ failure of condition precedent - Cal. Civ. Code § 1498 – Plaintiff did not comply with a
specific term or condition of the contract which it was required to do before I had to pay.
___ cancellation – The contract was already cancelled.
Failure to State a Cause of Action – Plaintiff failed to state an essential element for:
___ Breach of Contract: ___ It is not the original creditor I had an account with and did not state
___ who the original owner of the account was
___ it is now the legal owner of this account and has the right to sue on it
___ It did not state the specific date the contract was entered into
___ It did not state the specific date the contract was breached/not complied with
___ Other: ______________________________________________________
___ Common Counts: ___ It is not the original creditor I had an account with and did not state
___ who the original owner of the account was
___ it is now the legal owner of this account and has the right to sue on it
___ Other: ______________________________________________________
Therefore, Plaintiff’s claim is invalid and Plaintiff is not entitled to collect the amount demanded.
____ Statute of Limitations
Discharge by Bankruptcy – 11 U.S.C. § 362(a) I filed for bankruptcy, Case #: ____________.
___ I ask the Court to stay/suspend Plaintiff’s action against me until the bankruptcy case is over.
___ The bankruptcy Court ruled I do not have to pay this debt. I ask the Court to dismiss this case.
____ Public Policy – Plaintiff violated public policy by engaging in illegal conduct.
____ Waiver – Plaintiff gave up its right(s) under the contract. It cannot collect the amount demanded.
____ Standing- Plaintiff is not who I entered into a Contract with.
___ It did not state that it is the legal owner of this alleged debt and has the right to bring this
case to collect the debt.
___ It did not provide a copy of an agreement which shows it is the legal owner of this alleged
debt and has the right to bring this case to collect the debt.
____ Laches – Plaintiff failed to take legal action for a long time, which caused me to believe it was not
trying to collect this alleged debt. This caused me harm as it is now asking for much more money.

Debt Collection Defenses

____ No Damage to Plaintiff – Even if Plaintiff’s other allegations are true, Plaintiff did not suffer
damages (economic loss).
____ Mistaken Identity – Plaintiff has sued the wrong person.
____ Parol Evidence Rule – At the time the contract was entered into, it was intended to be the full
agreement between the parties. Plaintiff cannot now present evidence to change the agreement.
____ Res Judicata/Collateral Estoppel. - Plaintiff cannot sue me. There was a judgment as to the facts
and/or legal issues in a prior case. I ask the Court to take judicial notice of Case # *****
____ Usury- - Plaintiff charged a higher interest rate than the law allows.
____ Lack of Venue – Plaintiff filed in the wrong court.
____ Lack of Jurisdiction – The Court does not have power to hear this case.
____ Novation – With Plaintiff’s consent or knowledge, I substituted someone else for myself in the
contract. I am no longer responsible for any debt related to the contract.
____ Statute of Frauds- – The oral contract is unenforceable because it is required
to be in writing.
____ Vexatious Litigant-– Plaintiff has abused the court system by filing too many
frivolous lawsuits without an attorney and should be prohibited from filing another lawsuit.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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