CACH suing me, need help w/ANSWER tomorrow is deadline HELP
Date: Tue, 06/09/2009 - 17:34
I received summons & complaint and have to answer it in 21 days. Well, it has been 20 days, so I have to do something quick! They bought the debt from Bank of America. If you could help me answer this in a simple manner, at least I can buy some time to get legal aid. I have not had proof of validation, and they have not included it. The exhibit of Bill of Sale.Assignment of Loan, is generic, does not include my name or the amount owed. Here is the complaint, please help me prepare an answer!
1. Bank of America issued credit card in def name, etc.
2. def is in possession of all acct statements, etc.
3. Def defaulted on the obligation to make monthly payments on credit card. (do I answer yes if it is true?)
4.The credit card was charged off, acct #, total balance purchased was $2,873.26. plus addl interest 31.49% interest of $1,093.26 for total amount due $3966.52.
8. Plaintiffs has made demand , def refused to pay.
5. Plaintiff purchased & fully assinged debt & has complete authority, etc.
they keep saying things over again with headings of general allegations, count 1 account stated, count 2 common law account stated, count 3, breach of contract, count 4 money had and received and or money paid, count 5 unauthorized us oe credit card and reliance on apparent or ostensible authority as negligent waiver of right to dispute the balance due.
There are 38 numbered items, do I just go one by one and give a generic answer, and then amend it later after I get an attorney?
1. Bank of America issued credit card in def name, etc.
2. def is in possession of all acct statements, etc.
3. Def defaulted on the obligation to make monthly payments on credit card. (do I answer yes if it is true?)
4.The credit card was charged off, acct #, total balance purchased was $2,873.26. plus addl interest 31.49% interest of $1,093.26 for total amount due $3966.52.
8. Plaintiffs has made demand , def refused to pay.
5. Plaintiff purchased & fully assinged debt & has complete authority, etc.
they keep saying things over again with headings of general allegations, count 1 account stated, count 2 common law account stated, count 3, breach of contract, count 4 money had and received and or money paid, count 5 unauthorized us oe credit card and reliance on apparent or ostensible authority as negligent waiver of right to dispute the balance due.
There are 38 numbered items, do I just go one by one and give a generic answer, and then amend it later after I get an attorney?
Yes, first visit the clerks office in the court which issued you
Yes, first visit the clerks office in the court which issued you the summon and file an answer to it to avoid the default judgment. You can contact your attorney later after filing the summon.
deny everything they have stated pertaining to the account itsel
deny everything they have stated pertaining to the account itself. That should suffice for answering, I will get into more detail once I dont have to run out the door for work lol
Answer by saying you can neither confirm nor deny based on the f
Answer by saying you can neither confirm nor deny based on the fact that there has been no validation of debt provided...DO NOT give them any personal information they are asking for.