How to answer summons

hi Lyna--

ok, first, if you could answer some questions, we will be able to get you as much advice as possible. First, what state do you live in? second, do you know when the last payment was made on the credit card account? Those are very important, as this debt may be past the statute of limitations and if so, you can get it dismissed without much trouble.

I would not worry too much about the account number because debt collectors tend to put their own account number on the debt. unless they are claiming that the # shown is from the original creditor....

Get back to us with the info asked for above and lets see what we can do to help you on this one. Above all, do not panic, and do not admit owing this debt to anyone, anywhere.

I live in Colorado now. The date of last payment was July, 2004. I've been told that the SOL in this state for CC debt is 6 years.

The Complaint states: a.)Plaintif is the assignee and owner of defendant's credit account number4XXXX originally held by Bank of America, NA. (USA) Defendant agreed to the terms of the cardholders agreement as stated by plaintiff's assignor and used the credit to obtain one or more items of value.

b.) Defendant is in default on this account

c.) On November 26, 2004, the amount owing to plaintiff's assignor was $1860.81,....

Shouldn't the account number on the summons have to be directly related to the agreement signed by card holder?

There is nothing wrong with them putting their own account number on the debt, but I would personally use that as further reason to demand validation of the debt. Since you have already been served a summons, it wouldnt help to send a DV letter to the collection agency now. Instead, you will have to make motion for discovery and request documentation of the debt that way. I would specifically request a copy of the original signed credit agreement--if they cannot produce a credit agreement with your signature on it, showing that you agreed to the terms of this account, then how can they claim that you even opened this account in the first place? That's my thought, anyways. And, when you request those documents, if they cannot produce them i would make motion for dismissal of the case, since the plaintiff will not have met the burden of proof.

Thank you sooooo much. I will look into filing a motion for discovery first thing tommorrow. I am assumming I can do this the same time I file my answer with the court.

My answer on the form will read something like this (hope this is good enough and makes sense to the court)

The account number and the amount allegedly owed to the plantiff do no match any contract that I may have signed with the original creditor. Plantiff has shown no evidence that the debt is truly mine. Further more I have no record of ever doing buisness with the plaintiff, WESTERN ACQUISITIONS LLC.

What do you think?

"The account number and the amount allegedly owed to the plantiff do no match any contract that I may have signed with the original creditor."

They'll probably try to make you produce any contract you DO have, or might have.

Agreed--if you make any inference to doing business with the original creditor, then youre possibly shooting your defense in the butt. When you answer a complaint, it is usually best to follow the format set forth in the complaint. for example, they use lettered paragraphs. so, i would put your answer in the same format. here is how i would answer the three paragraphs you posted from their complaint:

a.) Defendant hereby denies the statements made by plaintiff in paragraph a.

b.) Defendant hereby denies the statements made by plaintiff in paragraph b.

c.) Defendant hereby denies the statements made by plaintiff in paragraph c. Plaintiff has not supplied defendant with any documentation that substantiates the claims made.

The idea is to make them prove their case. if they cannot, then you can move for dismissal with prejudice. but check with the court clerks office to see if the process requires you to file for discovery now or not. Each state is different--if you miss out when discovery is required to be filed the court will not let you submit it late and you will likely lose the case.

Okay. I do agree and appreciate your advice however, what if I do end up having to produce my evidence that the accounts are different and therefore not mine? It wouldn't seem fair to have to give the plaintiff (via a court room request) information about a potentially different debt. I don't trust anyone anymore! Could I request only that the judge be allowed to see my proof due (my cc statements proving account # and amounts are completely different) to the personal information in it? Could the CA or it's lawyers turn around and to use my proof (my statements) to thier advantage by just simply amending thier complaint with my provided information? Hopefully none of this will have to happen.

I called the court house again today and still they have not filed this case with the court. Its been 5 days since I recieved this summons. Clerk told me that motions for discovery are usually only done by DA. She said I could send the lawyer for the plaintiff a letter requesting DV as this summons is the notification I've recieved reguarding this debt with western acquisitions llc. Clerk told me I could bring copy of that letter to court with me. Should it be certified letter to them? They may not send me varification but at least I can say I tried, right?



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Okay. I do agree and appreciate your advice however, what if I do end up having to produce my evidence that the accounts are different and therefore not mine? It wouldn't seem fair to have to give the plaintiff (via a court room request) information about a potentially different debt. I don't trust anyone anymore! Could I request only that the judge be allowed to see my proof due (my cc statements proving account # and amounts are completely different) to the personal information in it? Could the CA or it's lawyers turn around and to use my proof (my statements) to thier advantage by just simply amending thier complaint with my provided information? Hopefully none of this will have to happen.

I called the court house again today and still they have not filed this case with the court. Its been 5 days since I recieved this summons. Clerk told me that motions for discovery are usually only done by DA. She said I could send the lawyer for the plaintiff a letter requesting DV as this summons is the notification I've recieved reguarding this debt with western acquisitions llc. Clerk told me I could bring copy of that letter to court with me. Should it be certified letter to them? They may not send me varification but at least I can say I tried, right?



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