plaintiffs account interragatories
Date: Wed, 01/30/2008 - 14:46
I live in Texas and have been sued in a county I do not live in. Also, this contract is subject to British law, specifically the "Consumer Credit Act". Section 141 clearly states that no action can be brought in a court outside of the UK. So I plan to state that this court has jurisdiction on this contract in my affirmative defense.
However, right now my #1 priority is filing an answer with the court. Can I just write a one line general denial at this point? Or do I have to answer the Plaintiffs Account Interrogatories and file them with my answer? If so, how do I phrase it? Do I write "admit", "deny", or "lack information" for each question?
I do owe them something but not the amount they say. Any help greatly appreciated.
Thanks,
I would go with "lack of information". You seem to have a lot of
I would go with "lack of information". You seem to have a lot of questions and you need to let the court know this.
But I'm sure someone with better knowledge will be along soon
someone with more legal knowledge then myself will be along shor
someone with more legal knowledge then myself will be along shortly...they should be able to advise you further
Hi Steve-- in these kinds of situations, I have seen a lot of p
Hi Steve--
in these kinds of situations, I have seen a lot of people on here advise that you deny all the statements in the summons. Usually the summons/complaint has numbered paragraphs that look something like this:
1) Defendant entered into written contract with XYZ original creditor on 23 June, 1992 for the loaned amount of $5,000.00
2) XYZ sold and assigned this debt to plaintiff on 30 January, 2000.
Things like that, those are obvioulsy just examples.
At this point, believe it or not, your answers to those points really are not the most important things. I say this because of something else that you mentioned. You stated that English law does not provide for a lawsuit over this debt outside the UK. You are going to use this information a bit later.
Go through, and provide answers for the paragraphs they listed. If you do not know about something that is listed, you can state "Defendant has no knowledge regarding the statements made in paragraph 2." as your answer for that paragraph. When it comes to the amount, if you dispute it or are unsire, you can just state that you deny that statement.
After you answered each of the paragraphs, you can put something like this:
LOAN OFFER AT RATE 3%
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WAY TO PUT THAT DEUSTCH BANK IN HIS PLACE. :lol:
thanks for the answer. It was very useful. I have read Section
thanks for the answer. It was very useful. I have read Section 811 of the fdcpa. Does this apply to the original creditor? Or does this only apply to third party collectors? I am in Texas, if that makes a difference.
Steve, the entore fdcpa only applies to third party collectors.
Steve, the entore fdcpa only applies to third party collectors. It does not apply to the original creditor. For some reason I didnt even take that into account when I posted to you before. That whole part is out the window because as the original creditor they are not required to follow the FDCPA.
But it doesnt even matter since you can plainly show that the credit agreement in question is not governed by American laws, and that English law requires that any suit over this credit agreement be brought in an English court. They should not be able to do anything about that.