Answer to summons and complaint how does one do this ??

hi--
first, you should know some things about the company that is suing you--this is from Bud Hibbs:
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OK, now, in NY state, the statute of limitations on contract debt is 6 years. In order to know anything about the actual age of this debt, you would still need to know exactly what debt it is. Did you have a credit card or other loan from U.S. Bank? If so, was it paid off or is there a balance still owed? It is important for you to learn as much as you can because you need to know it before you get to the courtroom.
About the dates--did you have to sign something when you were served? you should have had to--that will be presented to the court as evidence of you being served. And the time starts on that date, not when they first filed the complaint.
It may be easier to help you answer it and get to the bottom of this if you post up what the summons says.

Sounds like they sat on it to try to obtain a default judgment perhaps. Not really sure on rules for civil procedure for your county but someone with more knowledge will be along to better assist you.

I would suggest that you seek legal council though, you could start your search with naca.net.

Quote:

Can you type out what the summons says? Basically it should look like a bunch of numbered statements which you would 'answer' the typical answers are yes/no/insufficient knowledge to agree or disagree.

Like:

1. So and so lives at 124 any street, anystate, 99999:

answer: Agree

2. So and so opened a credit card (or bank account, whatever)

answer: Insuficient knowledge to agree or disagree.

Goes on like that...you also want to demand validation in discovery, make them prove up everything they claim, plus you can use that info to determine when SOL is....if SOL is up, I would countersue for the violation of sueing you on a time barred debt.

you can email me if you like, my email is the same as my screen name here, at yahoo dot com

At this point, while I nearly always agree with golden's knowledgeable posts, I would have to respectfully disagree as to the method of answering. Someone in here not too long back answered a summons by saying something along the lines of "insufficient knowledge to agree or disagree" and the plaintiff asked for, and got, a judgment based on the "merit of the complaint" without proving anything or providing any validation. I wouldnt risk that. Feel free to send me the summons, of course, please do black out your personal info for your protection. And once we can review that, I would be glad to help you put together an answer and any affirmative defenses.

A fedex person came to our door and my husband answered the door and the fedex guy gave him a court summons to give to me. My husband didn't sign anything and he asked the fedex guy if he did need to sign anything, the fedex guy just said "make sure you give that to your wife" and walked away. I am at a complete loss as what I need to do next. Can anyone please help me?

Skydivr: I bet anything that the person who got defaulted likely didn't ask for validation in discovery....if you answer something with a 'insufficient knowledge' and back it up with a discovery to produce the documentation to prove that part, it wouldn't have gotten judgemnt.

011399--I got your email. OK, their complaint is a little vague, but nothing in there suggests that they violated the required form of a complaint.

The basic form you need to follow would be like this example--first will be the statement they made. All you need to put in the answer will be the second part--you dont need to repeat the statements they made as the paragraphs are numbered. So, when they stated this:

1) Plaintiff is a corporation organized under the laws of the state of New York.

--you would answer something like this:

1) Defendant concurs with the statements made by plaintiff in paragraph 1.

you would then go down the line, aswering each numbered paragraph. The three answers you can use are generally "affirm" if you agree that the statement they made is correct, "deny" if you are saying that their statement is incorrect" and "insufficient knowledge to either affirm or deny" if you do not have enough knowledge of their statement.

When you get to #2, if you live in that county, then affirm, if you do not, then deny.

On #3, you do not have any knowledge at all of this account, so I would deny. It isnt like youre saying, "it could be mine", or "I think so"--you simply have no recollection of any account with that creditor. So, I would say, "Defendant denies all of the statements made in paragraph 3."

Likewise, I would deny in similar fashion all the statement down to, and including, #7. On #8, I would state, "Defendant has no knowledge whatsoever of this debt, and so cannot affirm or deny the statements made in paragraph 8."

Once you answer all the paragraphs like that, I would file a motion for discovery, requesting that the plaintiff produce proof of their claims in the form of the original signed credit agreement, as well as all statements on this debt in order to validate the amount they claim to be owed. The original signed credit agreement is to prove that you even had this debt to begin with. And the statements are to prove that the amount they say is owed is accurate. Whatever you do, do NOT let them produce some "affidavit" signed by some employee of their company that "attests to having personal knowledge of this account" or any other such nonsense. If they produce anything, and I mean ANYTHING, other than the original signed credit agreement, with your signature on it, and those statements to prove the balance owed, you are NOT TO ACCEPT IT. Object to ANYTHING other than that documentation. If they produce an affidavit, you need to object to it because it is hearsay and therefore not admissable in court. Here's the thing--court is a funny place. A lot of things are "technically" not allowed--that means they arent allowed, but ONLY if you object to them. If you say nothing, the court wont say anything either, and the plaintiff can then use that as evidence. That is why I am stressing this so much for you. If they produce the affidavit, you are to object to it because it is hearsay, and if they persist in fighting you over that, then request that they produce the person who signed and swore to the affidavit's statements. when they cannot do that, then you want the affidavit thrown out.

That was a MUCH better way of putting it that I did. :):)

I am not trying to discredit a debit was incurred with the original creditor but it was also written off after 180 days and sold to another buyer North Star Capital aquisitions. They have summons us to appear in court tomorrow. Problem: Amount they are saying is owed is not correct from my recollections of amount lended originally and the amount I payed on for 10 months before non-payment. Either way they have filed with some affidavit stateing the original creditor and now themselves as being the holder of said account. The amount they say is owed seems bogus and the only proof they give is in the affidavit stating Plantiff maintains computer records on which entries are made by people with knowledge of information therein and, or information transmitted from a person with such knowledge. From reading on this page I have learned one thing. They have not produced an original contract. What should be my written response tomorrow on the agree or disagree? I would appreciate any help!!Thanks -GeGe

You have the right to dispute the debt or any portion thereof. I would deny that you owe the amounts they are claiming if you truly think they are wrong and file a motion for discovery, requesting that the plaintiff prodce proper legal validation as set forth in the Fair Debt Collection Practices Act. They cannot produce an in-house statement of how much you owe, that is not legal validation. Validation of a debt, in order to be legal validation, must come from the original creditor, period. Any statement they have typed up or printed from their computers is not proper validation, because anyone can say "you owe me ____ dollars" that way. They have the burden of proof--make them meet that burden of proof.

almost forgot--if they cannot meet the burden of proof, you will then want to make a motion to dismiss with prejudice, because the plaintiff is unable to provide proper validation of the debt and as such has not proven their case. Do not let them use an "affidavit" from some employee who claims to have personal knowledge of this debt being yours--thats an old trick. If they do that, you need to object to it on the grounds that such an affidavit is nothing more than heresay, and therefore it is inadmissable in court.

In reference to my earlier question. There is also a piece of paper stating a charge-off statement. It has evidently the account number I can only assume is from the original creditor with credit line amount,1700.00 plus an additional 100.00 making it 1882.50,but we made payment for 10 months and it makes it looklike I never made payments.alsodaily periodic rate at .02466% and annual percentage rate at 9.00% but nothing validated proof of any of my payments made on the account. Is there way I could look up the account number from the original creditor or perhaps is this the new owners account number they put on it. Either way is this paper enough to should proof of debt. Just wanting some reassurance! P.S. it also as no where on it a finae charge being added which believe me they did and no proof of my payments. Kind of confused here. I am just wanting some reassurance before getting involved with the court,Thank you ,again,GEGE

Sorry to bother you again but I forgot to mention the paper after the affidavit says as follows:Charge off Statement with my name and address and just the "new" owner name and address then , Account #,payment due date 08/31/05 no minimum payment shown Credit line 1,700.00 amount, new amount due 1,882.50. Which it looks like we took the 1700.00 out never payed on it and what is the extra couple hundred,finance charges? We actually took out 2,200.00 and payed on it for 12 months, this paper doesn't even state there was ever an original amount of this or that we ever made payment history. a payment made or finance charges(no finance charges even on the 1,700.00) put on this. Oh, and shows daily periodic rate .02466% no nominal annual % rate and Annual % rates at 9.00%. I've never claimed to be the greatest in math but it doesn't add up. So confused why this paper looks like we took 1,700.00 out and never payed on it.Confused now,So Am I. HELP! Is there a way I can check this account number with the orginal owners or could this be the account number put on by the new owner and either way is this a way to prove debt,without and original contract? It doesn't make sense to me but I was just curious because of the account number being showed. This is a few years old and unsure if the account number is right. I just want to b prepared tomorrow for the court date,which is not the trial date, just the agreeing to debt or not and then the why? to say why not. Thank you , Any help will b and is greatly appreciated!! GEGE

there was also another page after the affidavit stating :Their Name at the top of page. Then Charge-off Statement: Account number, payment due date 8/05 past due amount 1,882.50 no minumin payment shown new balance 1,882.50. then my name and addresss and then their address then account number again with credit limit 1,700.00 no credit availiable, no days in billing cycle, bill date again the same as above, no proof of minimum payment, no overlimit fee ,no late cahrge. then **** finance charges current purchase. no payments ever being shown made or no finance charges ;then new balance.daily periodic rate.02466%, no nominal annual% rate ,but annual % RATE 9.00%. I am kind of confused since we took the loan out for 2,200 and made payments on it for 10 months.It makes is seem like we took out 1,700.00 and never payed on it! Confused somemore. Is there A way I can check the original creditor from the account # they supplied,supposedly from the records?. The debt is a couple of years old and I am unsure if that is the correct account number. Finally is this anyway that is legal to prove debt by account number without the original contract. This form looks fishy and kind of vague since it doesn't even start with the original debt or any of our actual payment history? Help! All help and any answers are greatly appreciated. Court date to appear tomorrow is only for the admittance to guilty or not guilty, and to write down why?if claiming not guilty. Unsure what to write down for reason of nonguilt?! Actual trial will b set at later date.thanks for any and All help,Peace GEGE

there was also another page after the affidavit stating :Their Name at the top of page. Then Charge-off Statement: Account number, payment due date 8/05 past due amount 1,882.50 no minumin payment shown new balance 1,882.50. then my name and addresss and then their address then account number again with credit limit 1,700.00 no credit availiable, no days in billing cycle, bill date again the same as above, no proof of minimum payment, no overlimit fee ,no late cahrge. then **** finance charges current purchase. no payments ever being shown made or no finance charges ;then new balance.daily periodic rate.02466%, no nominal annual% rate ,but annual % RATE 9.00%. I am kind of confused since we took the loan out for 2,200 and made payments on it for 10 months.It makes is seem like we took out 1,700.00 and never payed on it! Confused somemore. Is there A way I can check the original creditor from the account # they supplied,supposedly from the records?. The debt is a couple of years old and I am unsure if that is the correct account number. Finally is this anyway that is legal to prove debt by account number without the original contract. This form looks fishy and kind of vague since it doesn't even start with the original debt or any of our actual payment history? Help! All help and any answers are greatly appreciated. Court date to appear tomorrow is only for the admittance to guilty or not guilty, and to write down why?if claiming not guilty. Unsure what to write down for reason of nonguilt?! Actual trial will b set at later date.thanks for any and All help,Peace GEGE

there was also another page after the affidavit stating :Their Name at the top of page. Then Charge-off Statement: Account number, payment due date 8/05 past due amount 1,882.50 no minumin payment shown new balance 1,882.50. then my name and addresss and then their address then account number again with credit limit 1,700.00 no credit availiable, no days in billing cycle, bill date again the same as above, no proof of minimum payment, no overlimit fee ,no late cahrge. then **** finance charges current purchase. no payments ever being shown made or no finance charges ;then new balance.daily periodic rate.02466%, no nominal annual% rate ,but annual % RATE 9.00%. I am kind of confused since we took the loan out for 2,200 and made payments on it for 10 months.It makes is seem like we took out 1,700.00 and never payed on it! Confused somemore. Is there A way I can check the original creditor from the account # they supplied,supposedly from the records?. The debt is a couple of years old and I am unsure if that is the correct account number. Finally is this anyway that is legal to prove debt by account number without the original contract. This form looks fishy and kind of vague since it doesn't even start with the original debt or any of our actual payment history? Help! All help and any answers are greatly appreciated. Court date to appear tomorrow is only for the admittance to guilty or not guilty, and to write down why?if claiming not guilty. Unsure what to write down for reason of nonguilt?! Actual trial will b set at later date.thanks for any and All help,Peace GEGE

there was also another page after the affidavit stating :Their Name at the top of page. Then Charge-off Statement: Account number, payment due date 8/05 past due amount 1,882.50 no minumin payment shown new balance 1,882.50. then my name and addresss and then their address then account number again with credit limit 1,700.00 no credit availiable, no days in billing cycle, bill date again the same as above, no proof of minimum payment, no overlimit fee ,no late cahrge. then **** finance charges current purchase. no payments ever being shown made or no finance charges ;then new balance.daily periodic rate.02466%, no nominal annual% rate ,but annual % RATE 9.00%. I am kind of confused since we took the loan out for 2,200 and made payments on it for 10 months.It makes is seem like we took out 1,700.00 and never payed on it! Confused somemore. Is there A way I can check the original creditor from the account # they supplied,supposedly from the records?. The debt is a couple of years old and I am unsure if that is the correct account number. Finally is this anyway that is legal to prove debt by account number without the original contract. This form looks fishy and kind of vague since it doesn't even start with the original debt or any of our actual payment history? Help! All help and any answers are greatly appreciated. Court date to appear tomorrow is only for the admittance to guilty or not guilty, and to write down why?if claiming not guilty. Unsure what to write down for reason of nonguilt?! Actual trial will b set at later date.thanks for any and All help,Peace GEGE