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sassy
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Subject: Answering a Summons
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Tue Jan 20, 2009 7:30 pm
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Need help, here's how the complaint reads, I'm not sure if I write "Deny", "Admit" or "Can Not confirm nor deny due to a lack of documentation".
It reads as follows:
1.The plaintiff is a limited liability company organized under the laws of the state of Deleware, with a principal office and place of business in Las Vegas, Nevada.
2. THe defendant is a resident of XYZ county, NC.
3.The defendant had an account with XYZ Company bearing the account number XXXXXXXXXXXXX2121.
4. The defendant was in default with respect to that debt, in that said the defendant failed to make the payments required.
5. The debt was subsequently sold and assigned to LVNV Funding, LLC, the plaintiff herein, LVNV Funding is now the owner of the account.
6. The defendant is now lawfully indebted to the plaintiff in the sum of $2,000 with interest thereon from and after April, 20, 2008.
7. In spite of repeated demands by the plaintiff, the defendant has failed and refused and continues to fail and refuse to pay this just debt.
What should my answers be:
1. Write nothing for this one
2. Confirm
3. ?
4. ?
5. ?
6. ?
7. Deny
Also, if anyone is familiar with NC law, when I submit my answer with the clerks office do I file for a Motion for Discovery, or do I just wait for my court date, go to court and then ask to motion for discovery.
Thanks, gotta turn it in TODAY if anyone can help me! |
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scott
Joined: 28 Jun 2006
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Posts: 462
10934 Magic Points
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Wed Jan 21, 2009 11:15 am
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Have you send debt validation letter to the collection agency before you have received the summon? If you have not send any debt validation letter, then you should write "cannot confirm" to all the above. However, if you have send a debt validation letter by certified mail and the collection agency has not validated it properly by providing you with details like the proof that the OC has sold off the debt to the CA and a copy of the original signed contract between you and the OC, then you should write "deny" to all of the above.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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Mary
Joined: 06 Jul 2006
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Posts: 730
17413 Magic Points
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Wed Jan 21, 2009 11:31 am
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I think that we should not write "admit" to any of the above until and unless we are sure that we owe the debt and the judgment will go in favor of the plaintiff. However, if we deny the debt, we will have a chance to defend ourself in the court. If we admit the debt, the plaintiff may bring a default judgment against us.
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Where there's a will, there's a way !! |
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rkp
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Wed Jan 21, 2009 12:30 pm
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| i validated the SOB's and they ignored it and filed suit anyway...i typed up my respones and put agree for the first, can't confirm or deny due to lak of documentatio, for 2-6, and the lastone I wrote disagree and also typed on my response that a DV was sent to the plaintiff via CM RRR and to date they have failed to respond. I made a copy of the letter and receipt and plan to drop that off at the clerks office this morning with my answer. Sound right? Am I missing something? |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Wed Jan 21, 2009 4:37 pm
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RPK, I would not confirm or agree to anything! If they fail to provide you with proper debt validation and it has been over thirty days or will be ny the court hearing then they will lose the right to collect on this debt. You need to read your rights at on fair debt collection. Be sure to keep a hold of the return reciept you got because you will need it IF it goes to court. Most collection agencies can NOT validate a debt and some will even cancel the hearing.
Also remember that proper validation is NOT a copy of the bill..most will try to use this to convince you they can validate. PROPER debt validation is a copy of the original contract by the original lender. Plus they have to show right to legally collect this debt.
Any chance this debt is past the SOL (statute of limitation)? If unsure give us the last date you made a payment and your state so we can look it up. |
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Rkp
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Wed Jan 21, 2009 8:04 pm
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| So I filed my answer, yes I've saved my receipt for the CM RRR. No, this account is not past the SOL...this is my first time being sued so I'm confused about the process...it's hard to understand the legal language. What happens next, I mailed my answers to the plaintiff too...does the discovery phase happen automatically? or do I have to file for a motion for discovery? Help! I'm in NC by the way. |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Thu Jan 22, 2009 7:29 am
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You will receive a court date where you will get a chance to defend yourself. Since, you have put "can't confirm" or "denied" in all except the first, there cannot be a default judgment against you. On the court date you need to carry the proof that you have asked for debt validation to the creditor or the collection agency, which they have not validated till date. I think that the judgment will go in your favor.
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Carol |
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rkp
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Thu Jan 22, 2009 1:01 pm
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| Ok, So I just wait for the court date and then go with my DV letter and receipt? I don't need to file a motion for discovery? |
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Mary
Joined: 06 Jul 2006
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Posts: 730
17413 Magic Points
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Fri Jan 23, 2009 10:30 am
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You can file a motion of discovery but, the first thing you should do is to file an answer to the summon and after that you can file a motion for discovery for inspection of documents relating to your debt. The motion of discovery must be filed with the court from where you have received the summon. But, what I think is that you can wait for the court date and ask for debt validation. If they cannot validate the debt, the judgment will go in your favor.
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Where there's a will, there's a way !! |
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omar
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Subject: summon letter
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Sun Apr 12, 2009 3:58 pm
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| i got a summon from a credit card company, I am going to answer the complaint, just wanted to know, that on the summon it says xyz company now xyz usa comapny, what does that mean , whether it has changed names and corporation and does that help me any way, that I have no knowledge of the is company beeing changed, will this help me if I ask for a credit validation letter. |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Mon Apr 13, 2009 6:26 am
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It means that the company has changed its name to xyz USA recently. It has nothing to do with your debt and you still owe them the money in spite of the fact that the company has changed its name. So you should file an answer to the summon within the date mentioned on the summon else you may get a default judgment. You can definitely ask for debt validation, but you should send it after filing the response to the summon.
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Carol |
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michigangirl41181
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Fri Apr 17, 2009 4:43 pm
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i was served this past week with a summons and complaint. attached to the sumons and complaint was an affidavit. the SAME affidavit that was sent to me after i sent them a DV letter back in january. my question is, is that affidavit enough proof of the debt OR do they need a signed contract from the original creditor? the more i'm reading the more i see they may need to get a copy of that signed contract.
thanks for any info. |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Mon Apr 20, 2009 7:56 am
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If the affidavit has details of the outstanding debts, the amount you have already paid and the name of the original creditor, then I think that it is a sufficient debt validation because the FDCPA is silent as to what should be a proper debt validation. However, you can definitely ask for a copy of the original signed contract between you and the original creditor.
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Carol |
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Bettie
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Subject: summons
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Mon Jun 15, 2009 8:37 am
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This is my first time I have received a civil summons I am so confused these are the questions
1 That the Plaintiff is a foreign corporation licensed to do business in N.C.
2 That the plaintiff is informed and believes that the Defendant is a citizen and resides in xxx county,NC and is not a infant or incompetent
3 That the Defendent(s) is not now in active military service, as defined in the Soldier's and Sailor's Relief Act of 1940 with amendments,nor has the Defendant(s) been insuch service within thirty(30) days hereof:
4 That the Defendant owes Plaintiff $11,000 for charges made by the defendant to his/her credit account owned by the plainiff:
5 That the demand for said outstanding balance has been made upon Defendant,but Defendant has failed to pay said amount. A copy of the Affidavit in support of judgement is attached hereto as "Exhibit A" and is icoporated herein by reference: |
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Cruzn222@aol.com
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Subject: Summons Responce Form - -
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Thu Oct 29, 2009 1:29 am
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Where & How may I obtain an Legal Summons Responce Form?..!!
PLZE send OR info ASAP... Cruzn222@aol.com |
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