need advice on summons/complaint question...

Well, first off, a single statement is not sufficient DV, heck, even if all the statements came, that STILL is not enough. You need to see the contract, the companies legal right to collect, etc.

Since they already sued you, you need to answer that summons! If you do not, they will get a default judgement.

In the discovery process you ask for DV -again- also be sure to make note that you already asked for DV and have not gotten it (filing a lawsuit is a violation since it is continued collection activity) and you can counter-sue over it.

When they can't provide full validation you motion to dismiss with prejudice.

Correct me if I am wrong but does not a motion to dismiss with prejudice allow the plaintiff to come back after a given period of time, like a year in some cases, and continue to proceed with the suit if better validation has been obtained?

I thought a dismiss with prejudice meant they can never again sue for that same thing.

THAT'S WHAT I THOUGHT AS WELL.

Thanks for the reply's...I know I need to answer it, believe me!!! And that I will do...just not sure how to proceed, really. I am afraid that "brain freeze" has taken affect and I am not thinking rationally.

The worst part is they continue to call us. I'm not answering because I am afraid of what I might tell them to do.

Also not sure how/why the would get my wife's town and zip so wrong on the complaint...it is not even close. I know that I am rambling right now so will quit...thanks again.

There is no reason that you should speak to them . Just make sure you respond to that summons as Goldenblast says.

Here is the definition:
DISMISSAL WITH PREJUDICE - When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim.

I guess at this point I am unsure how to answer the complaint. I know that I need to make sure 100% that it is "real" and not some fake they put together. I am reasonably sure it is real, due to knowing some of the county people that deal with this.

Also, as far as I can tell, WW&R have no office in Indiana but the lawyer that wrote the complaint apparently passed the Indiana Bar, even tho his office is in Cincinnati.

your summons should have come in the form of numbered statements like:

1. So and so is a resident at blah blah blah blah

2. So and so took out a credit card for blah blah.

3. So and so owes $$$$$$ on said card.


What you need to do is answer each number. Generally you should use:

Defendant Agrees
Defendant disagrees
Defendant is without sufficient knowledge to agree or disagree.

It may be worded differently, but you get the gist. Normally the only one that people should agree on is the address, but since they got that wrong disagree on that...for the ones pertaining to the debt in question, do the insufficient knowledge.

Basically you want to answer that as of yet, the plaintiff has not provided the legally required validation and so you contest the claim.

(I am not 100% on the wording) but it is all to that effect.

After checking to see if it is real or bogus check your local RCP.

Something else that may help you on some of your other cards. you said that they jacked up the interest rates on two of your cards--I strongly suggest going back and reading over the original contract you signed with them. Unless there was a clause in there that allowed them to do this, they cannot simply change your rate. I dont deal with credit cards, so I dont know the usual contract issues, but the only legal way they can change what they charge you is if it was agreed to in the contract.

Hate to say it but I have no idea where any original contracts would even be. As I said, this is a very old account that my wife has...dating back to 1983 (I think it was originally First Card, Bank One...something like that...I know the card has "changed" a couple of times over the 20 some-odd years we have had it).

We know the debt is "ours"...but am trying to buy us some time. We have gone out of our way to work with Chase, but they wouldn't budge. It got to the point where we were paying $1600 a month just on the two Chase cards due to them raising our rates. I should have just "bit the bullet" a few years ago and gone thru BK then and got it over with...

forgot to log in...that was me as guest.

Generally, goldenblast is right about the answer to the summons. Are you being sued in a court in your home county?

Yes...Hamilton circuit court to be exact. Why?

he asked where you were being sued because in order to be legal they can only sue you in one of two places--where you reside now or where the agreement was originated.

OK, you said that the account is from 1983. When did the account actually get charged off? When was the last time you made a payment on it? These questions relate to the age of the debt. Debts carry a statute of limitations, which provides a limited amount of time for them to sue you over that debt. Do you know when this account became delinquent?

It's recent...last paid on it in May, 2007 and went to collections in November, 2007. So it's not even close to being out of SOL. The strange part is that I also have a Chase card with a large debt, last payment was in March, 2007, which is now with Creditors Financial Group, and am still playing "cat and mouse" with them...no suit or anything, at least not yet.

I guess I am surprised that they (Chase) moved quicker on my wife than on me...I am the "bread winner" in the family (larger income by far)as she has always worked part time retail. In fact, the place where she had been working recently closed, so she is out of work presently.

I had tried so hard to work with Chase on these, that it is so irritating it has come to this... I have been able to make arrangements with most of our other CC's for payment plans that we can work with, but due to Chase not being willing to work with us, I have no doubt that the eventual outcome will be BK...which may not be an overall bad thing.

At this point, I have got to figure out how to answer this thing...I am literally stressed to the point that I can no longer think straight or focus on anything else such as work. It has totally taken over everything that I am...

Just an update...checked on the county court website and it is now listed. It states "Chase Bank vs. wife's name", type of case "civil", status "pending", file date is listed as 2/1/08 (was given the summmons/complaint on 2/11/08 if that matters). Where it says "Disp. date" it is left blank.

If I were to post the actual complaint, would someone be willing to look it over and give me tips on how to proceed? I am really nervous about all this and would love some advice...

To all...I am sorry I am bringing this back up in such an untimely fashion, however, I really need some help. I had hoped to answer this complaint at least a week ago, but in that time it seems my life has taken on several different "twists"...my father, who lives in Mississippi, suffered a severe stroke. I have been down there for the last week and just got back to Indiana last night. While I was gone, my youngest son was in a car crash and is now in ICU. He will be ok but it has scared us beyond belief. I seriously think that I am starting to lose it...

I am going to/need to answer this complaint from Chase by at least this Friday, 2/29/08...the 20 days is actually up on 3/2/08, but that is a Sunday. I am looking for some help/ideas on the best way to go about this... As I indicated in previous posts, the debt is ours...I am not denying that. We had tried to work with Chase numerous times to no avail. What I am trying to do now is basically stall for time. And please, no putdowns or flames right now...that is the last thing I need.

A couple of things to point out in the actual complaint that we received... Where it lists my wifes name, it lists her name correctly, the street correcly, but it has a completely wrong town and zip code. Also, under item #2 and also in the last paragraph, where it states "plus accrued interest in the amount of $0.00 through January 28, 2007, and interest thereafter at the rate of 8.00% per annum"...do you think they misdated that? Wouldn't it be through January 28, 2008? Finally, they seem to have misidentifed the Exhibit A & B...the actuall "Cardmember Agreement" is marked as Exhibit B, while a copy of the September, 2007 card statement is attached, but not marked...it looks like it should have been marked as Exhibit B...that's my guess.

Anyway...I truly apologize for this being so lengthy but I am really not functioning well right now. Any help is appreciated and welcome.

"WWR# XXXXXX
STATE OF INDIANA

COUNTY OF HAMILTON

CHASE BANK USA, N.A.
3700 WISEMAN BLVD.
SAN ANTONIO, TX 78251

Planitiff

Vs.

NAME
ADDRESS

Defendant

COMPLAINT

Comes now CHASE BANK USA, N.A. (hereinafter ???????Plaintiff???????), by and through counsel, and for its Complaint against ???????name???????, (herinafter ???????Defendant???????), states as follows:

1. The Defendant applied for a credit card account with the Plaintiff. Pursuant to the terms and conditions of said credit card account, Defendant????????s use of the account bound Defendant to the terms of the agreement. A copy said agreement is attached hereto as Exhibit A.
2. Defendant is liable to Plaintiff for charges incurred on said credit card account. Defendant has failed to pay the amounts due and the account is in default. The balance due on said account is $XXXX, plus accrued interest in the amount of $0.00 through January 28, 2007, and interest thereafter at the rate of 8.00% per annum. An account statement is attached hereto, made a part hereof, and marked Exhibit B.
3. Plaintiff has referred this account to outside counsel who are not its salaried employees and Plaintiff is therefore entitled to its reasonable attorney????????s fees pursuant to Exhibit A.
4. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant has failed and refused to do so.

WHEREFORE, Plaintiff, CHASE BANK USA, N.A., by and through counsel, prays for judgment against the Defendant in the principal sum of $XXXX, plus accrued interest in the amount of $0.00 through January 28, 2007 interest thereafter at the rate of 8.00% per annum, reasonable attorney????????s fees, plus costs and all other relief just and proper in the premises.

Respectfully submitted
Lawyer for CHASE"

Under the address question you would simply file your answer for that part of the complaint as defendant does not reside at (address they have listed) defendant resides at (correct address).

As for the rest I'm really not sure as I don't have that much experience in this matter however someone will be along to assist you with this further.

Also I am sorry to hear about your father and your son, I know it's rough but just hang in there. Your son will recover and your father is alive, blessings indeed.

I appreciate the reply...it seems like @#$% does happen at once, doesn't it? All the knowledge I thought I had in regards to all this stuff has "exited stage left" so to speak out of my brain.

I am just confused about some of the language in the complaint itself... the date situation in regards to the interest, I think, should be 2008 and not 2007...seems wrong to me, but doesn't know if that really matters.

If there is anyone here that has actually answered complaints before and has any advice, please feel free to offer some advice...believe me, that's what I am looking for.

That was me again as "guest"...forgot to log in, as usual. :wink:

Does anyone happen to know if, since the 20 days after being served is actually on a Sunday (March 2), would I actually have until Monday, March 3?

Also, any thoughts from anyone that has gone thru answering a complaint before? I am really at a loss on how to proceed...I know that I need to affirm or deny each point, but I guess I am having difficulty actually coming up with what to say and how to say it...

Sorry...but I am feeling really stupid right now!!!

Quick question as I try to figure this all out... This Chase card goes back to around 1983 - 1984 when my wife first got it. It was originally a First Card, then went to Bank One and finally Chase...got sold or merged a few times I guess.

My question is, how do I address the original creditor issue in the answer? It states the defendant applied for a credit card with the Plaintiff when actually that is not technically true...right?

Again, I am just trying to make sure I answer this as accurately as possible but still not giving them any leeway (sp?).

Thanks for any thoughts...

You may be able to check the validity of the complaint by going to the court's website and doing a search. I doubt it is fake.

Getting the address wrong will not affect the complaint. You need to file a timely response or a default judgment will be entered against you.

If you do not know how to proceed, consult with an attorney. Generally, the defendant must file a written response (sometimes called an "Answer") with the court within a set time period. You may find sample forms online by searching. Findlaw.com is a good source.

The complaint is real...there is no question about that. We will file an answer also...no question about that.

I am just wanting to make sure that it gets done properly and I address what needs to be addressed. For example, since they did get the town for my wife wrong is that something I should "answer" back...? Also, do I mention the whole "original creditor" issue within our answer to the complaint?

Will check out the site you listed...appreciate it...and any further suggestions from others are welcome as well.