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plenty of questions · Posted: Sat Oct 04, 2008 1:32 pm Subject: received summons to appear

I had a cc with BOA a few years back with a $500.00 limit that I have not paid in two years owing to loss of job and serious health issues. I am currently working but paying for med insurance, rent etc I just don't have the money.

I got a registered letter the county clerk saying I have 28 days to respond to a complaint. In the complaint is says that it says that the account records are not attached because plaintiff is not the original creditor and amongst other things that said account records might be voluminous.

Do I have to answer all the items they list or can my answer simply be that I was not provided a validation of debt? I have only ever gotten one call from a lawyer's office a few weeks back where I asked for verification of debt and they said they were a lawyer's office and not a bank.

The company is LVNV and they want $1500.00

Guest · Posted: Sat Oct 04, 2008 11:14 pm Subject:

LVNV are not attorneys, they are scumbag JDB's. Make sure you answer the complaint and appear in court, tell the judge they refused to validate the debt and ask for validation during discovery. More than likely, they can't provide it. The judge will probably dismiss the case.

plenty of questions · Posted: Sun Oct 05, 2008 6:11 am Subject:

The CA had an attorney file the suit and this is pretty much the complaint.

1 Defendant were cardholder of account xyz

2 Defedent used credit car at various times to defendants beneifit

3 Defendant promised to repay but defendant defaulted

4 Plaintiff thereafter acquired for a valuable consideration of all right and title in the unpaid debt

5 there is presently due the Plaintiff from the Defendant for money loaned/payed out the sum of 1500

6. Plaintiff notified Deffedant of the assignment and demanded payment of balance due but no part of the foregoing balance has been paid

7. The account records are not attached because Plaintiff is not the original creditor and does not have possesion

8. Plaintiff incorporates by reference each allegation set forth

9. Defendant promised to pay the entire unpaid balance on the cc upon receiving monthly periodic statements but failed to do so

10 Defendant knowingly retained the benefits derived from card usage

11 Retention of the benefits are unjust without requiring Defendant to pay for same

12 Defendan has been unjustly enriched in the amount of the outstanding balance

Can anyone help me point by point on how to answer?

Guest · Posted: Sun Oct 05, 2008 6:48 am Subject:

I am sorry for the double posting but I am really nervous. My defaults were from late 06 and I had serious medical issues throughout 07 where I could not even afford to go to and endo which resulted in two back to back heart attacks. This is the first year that I am actually making any headway to pay just basic necessities. I could get a gift of 500 to pay it off if I could get the damn balance down to where it was and if I could be sure the CA actually owns this debt.

Please help. I have done nothing but read here since yesterday morning.

Posted: Sun Oct 05, 2008 7:29 am Subject:

Make sure you answer that summons in the allotted time, I would not confirm or deny any of the allegations. Just answer each question with: Can not confirm or deny as there is no documentation supporting this claim. File a motion for discovery and request validation for this claim. It's up to the plaintiff to provide proof this debt is valid and belongs to you. Also, some CA's will attempt to submit an affidavit as proof of the debt, if this happens after you request validation, object to the document due to the fact it is hearsay, which is not admissible in court. I am no expert, but I have been down this road many times, that's about the best advice I can give you at this time to hopefully ease your mind a little. Just keep checking back as I am sure someone else will be along to respond to your questions. Smile

Posted: Sun Oct 05, 2008 7:30 am Subject:

By the way, that's a standard summons, I received one with the exact same questions.

Guest · Posted: Sun Oct 05, 2008 7:39 am Subject:

Thank you so much Shazzers. I can't tell you how much I appreciate finding this place and for your response

Do I file a motion for discovery and validation at the same time as I file my answer? And how do I file for discovery?

As a side note there was no affidavit attached...pretty much just what I repeated here.

Posted: Sun Oct 05, 2008 7:44 am Subject:

First I would answer the summons and see what the response from the plaintiff will be, most likely what will happen is the plaintiff will file for discovery, at that time you can ask for validation. Make sure you check your local civil court website so you can research what the proper format looks like- to answer the summons, usually civil websites have a template you can follow, that's where I found mine anyways! Smile

Guest · Posted: Sun Oct 05, 2008 7:50 am Subject:

I am in Ohio. So the plaintiff will file for discovery of what? and do I ask for validation before providing them with what they ask for?

If you don't mind me asking where are you with your case at the moment so I know what to expect.

plenty of questions · Posted: Sun Oct 05, 2008 4:05 pm Subject: another question

I have about 5K in medical bills that insurance did not cover and about 3K in unsecured CC debt. I had to purchase a car to get to and from work as there is no bus system where I live. I bought the cheapest new car (I am a single mother and need reliability) I could find. Stick shift, roll down windows and no extras. Can I file chapter 7 and exclude that since the loan in only a couple of months old? I am paying on a 10K note for that.

I am just wondering with my income and this summons is the other credit card and the medical people going to sue me too? I don't want to not pay but I can't pay more than $75.00 a month extra in what I am paying now. I can't afford garnishment and I can't afford a bank freeze.

Posted: Sun Oct 05, 2008 6:03 pm Subject:

Sorry...don't have my bookmarks on this computer but I would start researching OH's Rules of Civil Procedure to make sure your answers are in the proper format. LVNV is a JDB and may not have sufficient documentation to support their claim. That's not to say that they may not be able to obtain it from BOA but it would take time. That time is invaluable in preparing you to fight them. You will need to request validation through the Discovery process. When I get home tomorrow, I'll see what I can dig up on OH and send it to you. Just remember: Don't Panic!

plenty of questions · Posted: Sun Oct 05, 2008 6:31 pm Subject:

Thank you Nascar. I am totally amazed at the kindness of the people here. In fact I am floored that absolute strangers on the internet are taking their time to help me.

I have never had a debt problem in my life and I am in my 40's.

Guest · Posted: Sun Oct 05, 2008 11:47 pm Subject:

Nascar can help you through this.

plenty of questions · Posted: Mon Oct 06, 2008 5:39 pm Subject:

I feel much better today but I want to make sure I fill the answer out appropriately and what comes next.

Posted: Wed Oct 08, 2008 5:25 am Subject:

Sorry...lost track of this thread. Here is a link to OH RCP:

http://www.cco.state.oh.us/CCO2007/ruleproc.php

plenty of questions · Posted: Wed Oct 08, 2008 8:45 am Subject:

Thanks Nacar!

So if I understand correctly I answer the complaint in the same format as I received it?

MY plan is to copy each argument in the the complaint with an answer leaving on 8 x 11 paper leaving enough room at the top of the page for court stamps. Does that sound right?

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