Answering Summons and NC Law
Date: Tue, 01/20/2009 - 11:08
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!
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!
Did you ever DV them before they sued you? You should use the
Did you ever DV them before they sued you?
You should use the 'can't confirm' for 3-6, as you have no documentation as to the correctness of the account.
Thanks golden beast, I already typed it up, and I put "can neith
Thanks golden beast, I already typed it up, and I put "can neither confirm or deny" for those answers. For the last answer I aslo wrote on the response that I sent a DV letter to the plaintiff via CM RRR and that they have failed to respond. I copied my original DV letter that I mailed them and a copy of the return recepit and plan to drop that all off with the clerks office in the morning. Does it sound like I'm missing anything?
Is this a business debt? Quote:1.The plaintiff is a limited l
Is this a business debt?
Quote:
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. |
