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Can anyone help me write and answer?

Date: Fri, 03/25/2011 - 12:55

Submitted by Patsy
on Fri, 03/25/2011 - 12:55

Posts: 8 Credits: [Donate]

Total Replies: 2


I received a summons for credit card debt (the original card was at $2000 limit when I had to stop paying it to try and keep my house when I lost a job.) The lawyer listed on the summons will work out a payment but says they won't "act on the judgment", so rather then take a chance of getting fooled into a default judgment and them liquidating my account, I would like to see if the judge can help me work out payment arrangements with them. Here's some answers to questions I have been asked on another thread, also word for word the summons:
Did I get calls or letters, probably yes. I say this because it is not the only debt in collections, so I do receive calls that don't give details other then to call back and reference a specific number. I have avoided all of these (not thinking they would go away) but purely because I have absolutely $0 every pay period after bills paid (often it's actually a negative #!), so I had hoped it would wait until things turn around for us! I know the Capital One card had been for $2000 originally, and after fees I don't doubt that the $3300 they are claiming now is around what it is? There are no statements or affidavits attached to the summons. Just in case I can't copy and attach it, I will type up what it says:
"General Allegations: 1.) Defendant is a resident of the state of Arizona, county of Maricopa (specifically residing within the boundaries of the North Valley Justice Court); thus venue is proper according to A.R.S 22-202
2.) The amount sought by Plaintiff hereby, exclusive of interst, costs and awarded attorneys' fees is less than $10,000.00; therefore, this court has jurisdiction over this matter pursuant to ARS 22-202
3.) That Plaintiff is the owner of certain accounts of Capital One Bank (USA), N.A. includint the account of Defendant herin, and pursuant to A.R.C.P. Rule 17(a), Plaintiff is the real party in interest entitled to sue on the debt alleged herein.
4.) Upon information and belief, Defendant was married at the time the debt alleged herein was incurred, remains married currently, and the debt was incurred to the benefit of the marital community of Defendant. Plaintiff requests leave to ament this complaint to include the spouse's tur neame to this complaint once identified.
5.) Alternantively, in the event that Defendant was not married at the time the debt alleged herin was incurred, but is currently married, Plaintiff alleges that pursuant to ARS 25-215(B) Defendant and the marital community of Defendant is liable for the debt alleged herein.
6.) Additionally, in the event Defendant was married to J. Doe Ex-Spouse at the time the debt alleged herin was incurred, but is no longer married to J.Doe Ex-Spouse, Plaintiff alleges that the marital community of Defendant and J. Doe Ex-Spouse is liable for the debt alleged herein, and Plaintiff seeks to include J.Doe Ex-Spouse in this action and any subsequent judgment, and requests leave to amend this complaint to include the ex-spouse's proper name once identified.
7.) Pursuant to ARS 12-341 the prevailing party shall be entitled to an award of all costs and pursuant to ARS 12-341.01 the prevailing party may be entitled to an award of reasonable attorneys fees incurred in pursuing this action.
8.)Court costs as actually incurred are chargeable to Defendant if Plaintiff is the prevailing party.
COUNT 1, Breach of contract:
9.) Plaintiff realleges each and every allegation in paragraphs 1-8 as though fully set forth herein and incorporates them by this reference.
10.) That defendant applied for a revolving credit card from Capital One Bank (USA), N.A., Capital One Bance (USA), N.A. accepted Defendant's application and issued to Defendant it's credit card.
11.) That Defendant accepted and used said credit card thus issued to Defendant and thereby agreed to abide by the terms and conditions accompanying said credit card.
12.) That Capital One Bank (USA), N.A. sold and assigned all of it's right of the credit account therein to the Plaintiff.
13.) Defendant owes Plaintiff $3,155.88, plus interest at the rate of 20% per annum from and after January 3, 2011, for the purchase of goods, wares , and services by Defendant on or before January 3, 2011.
14.)That although duly demanded, Defendant has failed and refused to pay said amount and therefore is indebted to the Plaintiff in the amoung of $3,155.88, plus interest at the rate of 20% per annum from and after January 3, 2011.
COUNT II, ACCOUNT STATED:
15.) Plaintiff realleges the allegations set forth in paragraphs 1 through 14, and incorporates them herein by reference.
16.) From time to time, Plaintiff and or Capital One Bank (USA), N.A. made and rendered to Defendant accurate invoices and/or statements of account of the transactions between said parties. Said invoices and/or statements of account were received by Defendant, accepted and retained by said Defendant without objection being made thereto or to any item thereof.
17.) In furtherance of the goods slold and delivered, a full, just, and true account was made and stated between Plaintiff and/or Capital One Bank (USA), N.A. and Defendant which showed a balace of $3155.88, plus interest at the rate of 20% per annum from and after January 3, 2011, due to Plaintiff from Defendant over and above all sums received from Defendant and for which Defendant was entitled to credit. Said account was delivered to, received and accepted by Defendant and was retained by Defendant without objection being made thereto or to any itme thereof.
18.) That although duly demanded, no part or portion of the amount owing has been paid
WHEREFORE, Plaitiff respectfully requests the court enter judgment against Defendant as follows:
1.) For the principal amount of $3,155.88 Plus interest at the rate of 20% per annum from and after January 3, 2011.
2.) For Plaintiffs costs and disbursemnets incurred herein.
3.) Reasonable attorneys' fees of $750.00 in the evend of a defauld judgment or as actually incurred otherwise.
4.) Interest accuring at the rate of ten percent (10%) per annum on the full amount of judgment after the judgment is entered
5.) For such further and additional relief as the Court deems just, fair, and aquitable in premises.
Respectfully submitted this 15th day of February, 2011"
The next two pages state this:
"My name and J Doe Spouse- defendant
YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiffs attorney an answer to the complaint which is herewith served upon you, within twenty (20) days, exclusive of the day of service, after service of this summons upon you if served within the Sate of Arizona, and within thirty(30) days, exclusive of the day of service, if served outside the state of Arizona. Direct service is complete when made. Arizona Rules of Civil Procedure, Rule 4.
YOU ARE HEREBY NOTIFIED that in case of your failure to appear and defend within the time applicable, judgment by default may be taken against you for the relief demanded in the complaint.
YOU ARE CAUTIONED that in order to appear and defend, you must file and answer or other proper response in writing with the Clerk of this Cour, accompanied by the necessary filing fee, within the time required, and you are required to serve a copy of any ANswer or other response upon the Plaintiff's attorney. Arizona Rules of Civil Procedure, Rule 10. "
then it just states the name and address of the Plaintiff's attorney.
A couple of more questions: Does my husband have to come to court too? Or is it something I can go and defend on my own?
As I think I have stated before, I am expecting to need to file for bankruptcy in the fall, so whatever happens with this will come to a hault when I file (if I include it, which of course I will), am I correct?
THANK YOU SO VERY MUCH for all of the assistance you are providing!!!!!!!!!


You have to give a reply to the summons. You may go through the following pages to know how to answer a summons:

"http://www.ehow.com/how_4741402_answer-summons-credit-card-company.html"

I think, it will be better if your husband attends the court hearing. Both of you are equally liable for the debts incurred during your marriage as you live in a community property state. You can always file bankruptcy. Once you file bankruptcy and get automatic stay, all the legal proceedings against you will be stopped.


lrhall41

Submitted by Good Nelly on Sat, 03/26/2011 - 03:47

( Posts: 2846 | Credits: )