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About KWay

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  1. Thank you both for your help. I had to mail it today for it to have any chance of making it on time. It's in the hands of the courts now. I'll report back when I have more information. Wish me luck. Happy Memorial Day.... KWay
  2. Thank you for your insight. However, I need to send my answer tomorrow by DHL for it to reach the courts in time. So I really don't have time to contact a lawyer. Memorial Day is not a holiday down here. So, if I may be so bold as to ask.... how would you answer the seventh question without incriminating yourself? Also, I have added two Affirmative Defenses as suggested by Shellieh98 and I feel really good about them. Here is what I added: DEFENSES: 9. First Affirmative Defense (Improper Venue / Forum Non Conveniens). Venue is improper or unduly inconvenient. 10. Second Affirmative Defense
  3. Thanks. I will look into that. I checked and both Washington where I got the card and Arizona where I'm being sued are Community Property states. So maybe I will include him now. Should I change the name from John Doe to his real name and just have him sign it too? They probably already know who he is, so it might be better. I'm researching the improper venue. I'm not exactly sure how that works, but I'm on it. Thank you for all your help. You have been very kind to give me your advice and I really appreciate it. KWay
  4. Great. I will leave it in. One more question. Since the Summons was sent to me and John Doe as my husband, should I say defendant or defendants? Then when it comes to signing the answer, should he sign? Or is it better to just use my name and leave his out? The credit card was obtained by me before we were married. He had a card and used it, but I am the responsible party. What do you think? KWay
  5. Thank you. All good ideas. I've changed my answer accordingly. The one I'm most concerned about is answer #7. In response to paragraph seven of Plaintiff's complaint, this request calls for admission of a matter defendant has denied and thus is improper. Do you think that one will work? I really don't want to admit to anything. It's my understanding that I can change my mind later and admit to something, but if I admit it now, it's in the record and can't be changed. Is this correct thinking? Thanks again for all the help. Much appreciated. KWay
  6. Hola, My first post and I apologize in advance if this is in the wrong forum. I received a summons and complaint on Tuesday the fourteenth of May. I have researched the boards and forum, but honestly there is sooooo much information, I’m totally confused. So if anyone out there can look over the summons and complaint and my drafted answer below, and give me any ideas, tips and or comments I would be grateful. I'm just overwhelmed by this whole legal process.... Here is some background: 1. Who is suing you? American Express Bank, FSB through an attorney in Tucson. 2. For how much? $9