Assistance with answering a summons
Date: Sun, 04/17/2011 - 12:08
I have copied the summons below and would appreciate your expertise in how I should answer this. I have answer some, but would really like to know if I am doing this correctly. I have also copied the DV letter to the CA (aka attorneys) thank you.
Complaint # XXXXX
Capital One
Vs.
Me Subject to Mandatory Arbitration
　
This communication is from a Debt collector and on about collections
Plaintiff alleges:
I
Plaintiff is a legal entity, and if required by law, has paid all licenses and fees due and is authorized to bring this action in the State of Oregon.
My answer: Not enough evidence to confirm or deny.
II
Defendant resides in ____ county
My answer: Agree
III
Plaintiff is informed and believes that within the last six years the defendant entered into a written credit account agreement bearing acct # XXXXXXXXXXXX -----or has made a payment pursuant to the terms of the written agreement. The plaintiff is the holder of the acct.
My answer: Not enough evidence to agree or disagree (though I am the holder of the account) though on the summons it does not give out the whole acct #
IV
By the use of said credit account, said defendant became indebted on said account for goods, services and monies loaned in the stated amount. The defendant also agreed in the credit agreement: (1) to pay attorneys fees and costs in the event that legal action was necessary to collect the unpaid balance, (2) to assume responsibility for all credit extended on the basis of said accounts, (3) to pay monthly service charges based upon the unpaid account balances, and (4) upon default in payment, that all obligations shall become immediately due and payable.
My answer: Not enough evidence to agree or disagree
V
The defendant has defaulted on the obligation by failing to make payments on the obligation and currently owes the sum of XXXXX together with such greater sum as may be proved at the time of trial or hearing thereon, together with interest thereon at the highest legal rate, more that 30 days prior to filing suite the plaintiff has made a demand on the Defendant. Despite demand, the defendant has failed or refuses to pay.
Wherefore, plaintiff prays for judgment against Me for the sum of XXXX together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial and if allowed by law or agreement for costs and a reasonable sum for plaintiff’s attorney’s fees and that such judgment shall bear interest at the highest legal rate after entry and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable.
Need assistance with # V
　
To Whom It May Concern;
This letter is being sent to you in response to a notice I received on March 27, 2011.
I am requesting validation of this debt and your ability to collect this money from me. Under the FDCPA, I do have the right to request a validation of this debt.
Please attach copies of the following documents:
1) Agreement with your client that authorizes you to collect on this alleged debt.
2) Explain and show me how you calculated what you say I owe.
3) Provide me with copies of any papers that show I agreed to pay what you say I owe.
　
Thank you,
Complaint # XXXXX
Capital One
Vs.
Me Subject to Mandatory Arbitration
　
This communication is from a Debt collector and on about collections
Plaintiff alleges:
Plaintiff is a legal entity, and if required by law, has paid all licenses and fees due and is authorized to bring this action in the State of Oregon.
My answer: Not enough evidence to confirm or deny.
Defendant resides in ____ county
My answer: Agree
Plaintiff is informed and believes that within the last six years the defendant entered into a written credit account agreement bearing acct # XXXXXXXXXXXX -----or has made a payment pursuant to the terms of the written agreement. The plaintiff is the holder of the acct.
My answer: Not enough evidence to agree or disagree (though I am the holder of the account) though on the summons it does not give out the whole acct #
By the use of said credit account, said defendant became indebted on said account for goods, services and monies loaned in the stated amount. The defendant also agreed in the credit agreement: (1) to pay attorneys fees and costs in the event that legal action was necessary to collect the unpaid balance, (2) to assume responsibility for all credit extended on the basis of said accounts, (3) to pay monthly service charges based upon the unpaid account balances, and (4) upon default in payment, that all obligations shall become immediately due and payable.
My answer: Not enough evidence to agree or disagree
The defendant has defaulted on the obligation by failing to make payments on the obligation and currently owes the sum of XXXXX together with such greater sum as may be proved at the time of trial or hearing thereon, together with interest thereon at the highest legal rate, more that 30 days prior to filing suite the plaintiff has made a demand on the Defendant. Despite demand, the defendant has failed or refuses to pay.
Wherefore, plaintiff prays for judgment against Me for the sum of XXXX together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial and if allowed by law or agreement for costs and a reasonable sum for plaintiff’s attorney’s fees and that such judgment shall bear interest at the highest legal rate after entry and that the plaintiff have and receive such other and further relief as in the premises shall appear just and equitable.
Need assistance with # V
　
To Whom It May Concern;
This letter is being sent to you in response to a notice I received on March 27, 2011.
I am requesting validation of this debt and your ability to collect this money from me. Under the FDCPA, I do have the right to request a validation of this debt.
Please attach copies of the following documents:
1) Agreement with your client that authorizes you to collect on this alleged debt.
2) Explain and show me how you calculated what you say I owe.
3) Provide me with copies of any papers that show I agreed to pay what you say I owe.
　
Thank you,
As you've to give a reply to a summons which is a legal document
As you've to give a reply to a summons which is a legal document, it will be better to contact an attorney and take his help in answering it. He/she will better guide you in this matter.
