Need help with complaint - defend myself if I made a payment

Did the first CA that you were making payments to sell the credit to another CA, and the 2nd CA's attorney contacted you?

I would think so. After I couldn't make the payments anymore, this collection agency contacted me.

You do need to answer that summons, very important that you do. Ask for debt validation during discovery, but whatever you do, answer that summons or they will get a default judgment against you, which could eventually lead to a wage garnishment.

I'm pretty sure that by making that payment (no matter how small) you admitted to owing the debt, and also by not replying within the 30 day time limit and asking for validation, it's automatically assumed the debt is yours. Hope that makes sense. If I am incorrect, someone feel free to correct me! Your best course of action now maybe to answer the summons, and request discovery, then you can ask for validation of the debt during discovery. JCEMT and skydver knows a lot about this subject so hang tight until they come aboard and they can probably guide you better than I. :)

Thanks Shazzers,

How do I answer, do I still deny it?

That's a hard one because you already made one payment on it. "This defendant can not affirm or deny without sufficient documentation." I guess that would be the safest route. Like I said though, I am quite sure that JCEMT or skydver can advise you best. :)

Thanks Shazzers, just need to know my options.

That sounds about right shazzers neither confirm or deny. You do need to be sure this debt collector owns the debt, has the right to collect on it and request for production of documents.

I used Volenti non fit judicia and contributory negligence in my defense. I will see how it goes tuesday. basically the first says that they can't sue you, such as putting your arm in a lions cage with signs posted, and the lion takes your arm off, you can't sue the zoo.

Contributory negligence is suing for more than what they paid for the debt being they paid 160 for it but they try to get $2000 basically extortion.
if they do collect it turns into an unjust enrichment.

Those are just some tips if you decide to get an attorney talk with them about it. I can't recommend going about it by yourself unless you know the laws very well in your state, be careful.

By making a payment you reset the statute of limitations. You need to file a written response with the court immediately. Even though you have admitted the debt, the suing party has the burden of proof. Put them to that burden. They may have insufficient paperwork to win the case.