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Answer to a summons in nj

Date: Sat, 10/10/2009 - 21:14

Submitted by Amber421
on Sat, 10/10/2009 - 21:14

Posts: 26 Credits: [Donate]

Total Replies: 23


I was told that I do not have a valid reply to answer the summons. Here are the options . The Plaintiff is GE Money Bank. The attorney's are: Lyons,Daughty & Veldhus.PC

1. The goods or services were not received.
2. The goods or servoces received were defective.
3. The bill has been paid.
4. I/We did not order the good or services.
5. The dollar amount claimed by the plaintiff(s) is incorrect.
6. Other-Set forth any other reason why you believe money is not owed to the plaintiff(s).

I asked for debt validation, all that they sent was the name of the creditor,GE and the amount owed.

I would like to settle the debit but I am unemployed and just finished my last extention of benifits. The other income I have Social Security.

Should I ignore the summons and let them get a jugement which they'll put a lein on my house?

Confused

Amber421


Quote:

Originally Posted by Amber421
I was told that I do not have a valid reply to answer the summons. Here are the options . The Plaintiff is GE Money Bank. The attorney's are: Lyons,Daughty & Veldhus.PC
1. The goods or services were not received.
2. The goods or servoces received were defective.
3. The bill has been paid.
4. I/We did not order the good or services.
5. The dollar amount claimed by the plaintiff(s) is incorrect.
6. Other-Set forth any other reason why you believe money is not owed to the plaintiff(s).
I asked for debt validation, all that they sent was the name of the creditor,GE and the amount owed.
I would like to settle the debit but I am unemployed and just finished my last extention of benifits. The other income I have Social Security.
Should I ignore the summons and let them get a jugement which they'll put a lein on my house?
Confused
Amber421


Hold off on your decision, I am going to forward this to skydvr, perhaps he can give you some advice.


lrhall41

Submitted by Shazzers on Sun, 10/11/2009 - 09:55

( Posts: 17344 | Credits: )


Thank you!!!

I have another question. On the Civil Summons the Plaintiff's name is listed as: GE Money Bank - Lyons,Doughty & Veldhuis, P.E. Is this legal to name the law firm as a Plaintiff in the case?

Also the law firm sent me a piece of paper with the creditor listed as GE Bank, the balance and my name is that proper validation?


lrhall41

Submitted by Amber421 on Sun, 10/11/2009 - 11:11

( Posts: 26 | Credits: )


Quote:

Originally Posted by Amber421
Thank you!!!
I have another question. On the Civil Summons the Plaintiff's name is listed as: GE Money Bank - Lyons,Doughty & Veldhuis, P.E. Is this legal to name the law firm as a Plaintiff in the case?
Also the law firm sent me a piece of paper with the creditor listed as GE Bank, the balance and my name is that proper validation?


Proper validation is a gray area in the FDCPA, I've read several arguments about validation posted here at this forum. I can give you a link to the FDCPA on validation but in my opinion, it's a matter of interpretation. Click the link below:
http://www.fair-debt-collection.com/searches/verification-of-debt.html


lrhall41

Submitted by Shazzers on Sun, 10/11/2009 - 12:05

( Posts: 17344 | Credits: )


I still don't know what a proper answer to my summons would be?
Amount not correct?
Hear say evidence or assignment?


lrhall41

Submitted by Amber421 on Wed, 10/21/2009 - 01:36

( Posts: 26 | Credits: )


i do not have the knowledge to advise you but be very careful with Lyons, Daughty & Veldhus. They are a pretty shady company, i have seen them do a bank levy on someone whose only income is a disabilty check, which they were not supposed to do.
They tend to get away with a lot so stay on your toes with them.
Sorry I cannot offer any positive advice but this is a great board.. hang tight help will be here soon.


lrhall41

Submitted by bea2ls on Wed, 10/21/2009 - 07:51

( Posts: 3840 | Credits: )


amber421, i know people on here have been helped with answering summons.. you could also ask the courts where you answer it questions, court clerks cannot legally advise but can point you in the right direction. i agree, this is something that should be dealt with as soon as you can.


lrhall41

Submitted by bea2ls on Wed, 10/21/2009 - 10:08

( Posts: 3840 | Credits: )


With regard to your summons, find out how many days until an answer is needs. In Ohio, I had to have my answer filed within 28 days of the plaintiff wins, it's called a default judgement, and you do not want that. I prepared my own answer and the courts accepted it, just be sure you follow the proper format.Here's what mine looks like: Please be advised that when I cut and pasted the format was lost:
________________________________________________________________________

CLEVELAND MUNICIPAL COURT
Cuyahoga County


???

BANK NEVADA, N.A. )
1111 TOWN CENTER DRIVE ) Case No. 09CVXXXXXXXX
LAS VEGAS, NV 89193 )
)
Plaintiff )
vs. ) ANSWER
)
WAYNE
)
Defendant )

1. Now comes Wayne X XXXXXXXXX, Jr (Defendant) before this Honorable Court to answer the Complaint file against him by Bank Nevada, N.A. (Plaintiff).
2. Defendant does not deny having a credit card account with Plaintiff.
3. Defendant suffered two cardiac arrests last year on March 25, 2008 and June 21, 2008.

4. Defendant subsequently had a Implantable Cardioverter Defibrillator (ICD)
implanted in his chest. Defendant was on short-term disability for four weeks.
5. Defendant accrued numerous medicals bills and spends $60 a month prescription medication.
6. For approximately six months Defendant???s employer, XXXXXXXX ,reduced the hours of its full time employees to 32 hours weekly, in an attempt to save money during the recession last year.

7. At this time I come to enter a plea of General Denial until this debt is verified by providing a Bill of Particulars. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that
your claim is disputed and Bill of Particulars is requested.
???
9. This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATIONS made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.
10. Defendant has hired and retained the services of U.S.XXXXXX.
11 Defendant has given U.S. XXXXXXXX a Limited Power of Attorney, to act on his behalf in all matters regarding his debt to the credit card companies/banks that he has filed with them.
???
???
[RIGHT]___________________________
Wayne XXXXXXXXX, Pro Se[/RIGHT]


???

_______________________________________________???
[RIGHT]???
Certificate of Service[/RIGHT]

This Answer was served on the below listed parties in the manner indicated below on _________ day of ______________, 2009
???
???
???
____________________________
Wayne XXXXXXXXXXXXX, Pro Se

???
David XXXXXXX, Esq.
Cleveland, OH 44113
(via USPS)

???
???
???


lrhall41

Submitted by wchambe641 on Wed, 10/21/2009 - 15:04

( Posts: 129 | Credits: )


You need to decide quick. Ask the clerk of court of an attorney that after you filed your answer, are you permitted to file an" Amended Answer" (notifying the court you changed you options). In the amended answer, you will need to explain why you changed your mind. Also, you will need to find out how much time you have are to file an amended answer.


lrhall41

Submitted by wchambe641 on Wed, 10/21/2009 - 16:26

( Posts: 129 | Credits: )


I contacted a lawyer that I found on one of the form's titled resources. But of course no one is moving fast enough for me. I needed answers last week. I did fax my paperwork, three times,and it finally went through. I have my fingers crossed that I can get them on something for not following FDCPA rules.


lrhall41

Submitted by Amber421 on Wed, 10/21/2009 - 20:42

( Posts: 26 | Credits: )


I spoke to a lawyer today that I have worked with years ago, her advice was to sell the house and of course I told her that I didn't want to do that, mind you I still have a mortgage on the house. She then suggested I call and offer to settle with the law firm.
Great idea, if I didn't have a tax lien on the house already. For anyone who doesn't know how a tax lien works, It takes presidence over every other loan. So I have two years to pay this off with 18% interest as well, or the lien holder will foreclose on the house. This is the worst type of lien to have on your house. So what do you think I should do? Answer the summons and say their was no response to my DV letter which was requested verbally and by certified mail? Or just let them get a default judgment?
OMG!

THINGS WILL GET BETTER!!!!!! I have to keep telling myself............


lrhall41

Submitted by Amber421 on Mon, 10/26/2009 - 21:35

( Posts: 26 | Credits: )