ConfusedNewb

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About ConfusedNewb

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  1. Update: Sent my general denial in with my defense. Next step will be to write an affidavit + start a MTC with AAA and serve them + file w/the court. Hopefully that works.
  2. In filing the general denial, do I answer the areas of the complaint where they specifically mention causes? For example, in the summons they sent me there are two sections and titled as follows: FIRST CAUSE OF ACTION: ACCOUNT STATED 15. Plaintiff alleges and incorporates by reference the foregoing paragraphs 16. Within the last four years, an account was stated in writing between Defendant and SYNCHRONY BANK and on the account a balance of $xxxx.xx was stated to be due to SYNCHRONY BANK from Defendant. Defendant expressly or impliedly agreed to pay SYNCHRONY BANK that balance. Attached hereto as Exhibit B is a true and correct copy of a billing statement showing the balance due and owing $xxx.xx 17. Before the commencement of htis action, Plaintiff was assigned the credit account and indebtedness. Plaintiff is now the owner and holder of this credit account. 18. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay the balance due. 19. Payments, set-offs, credits or allowances, if any, at or after charge off, have been posted to the credit account. 20. The current balance presently due and owing is $xxx.xxx SECOND CAUSE OF ACTION: OPEN BOOK ACCOUNT 21. Plaintiff alleges and incorporates by reference the foregoing paragraphs. 22. Within the last four years, Defnedant became indebted to SYNCHRONY BANK on an open book account for money due in the sum of $xxx.xx for money lent, paid, laid out, and/or extended to or for Defendant and Defendants special instance and request and for which Defendant agreed to pay the above sum. 23. Before the commencement of this action, Plaintiff was assigned the credit accoutn and indebtedness. Plaintiff is now the owner and holder of the credit account. 24. Plaintiff has made demand on Defendant for repayment of the credit account, but Defendant has failed to pay balance due. 25. Payments, set-offs, credits or allowances, if any, at or after charge off, hve been posted to the credit account. 26. The current balance presently due and owing is $xxx.xxx WHEREFORE, Plaintiff prays for judgement against Defendant as follows: 1. For the current balance presently due ad owing of $xxx.xx 2. Costs of suit; and 3. Any such other relief as the Court may deem just and proper. So here's some background on the suit. When Portfolio first wrote me, I asked them to verify the debt in writing which they responded to and sent me a set of statements. In this summons, they attached Exhibits A and B that are Amazon CC (synchrony bank) statements w/the balance, my name and amount due. After they responded to me initially, I sent them (the lawyers Hunt & Henriques) another certified letter asking for a repayment plan of $100/month and they opted to ignore that and instead went ahead with their law suit. What points above would I address in the general denial form, would I simply deny every single item above or what? Also, if I want to instead settle with them (e.g. rather than go the MTC/court route) and offer them for example half the balance due, how would I do this? Thanks.
  3. Hi, I did read through it as best as I could and will be typing up an MTC from the templates I've found here and elsewhere. Hopefully I can get some feedback on it once I've written it up so I can send it in together with my General Denial. What I was really confused about is if I should send a copy of the documents directly to Portfolio recovery or their attorneys?
  4. So I was served on 6/24 for an old Amazon Synchrony Bank debt for $3700. A few months ago when their law firm contacted me via mail I responded back through certified mail that I'd be willing to setup a payment plan with them but they completely ignored it and decided to sue me anyway. Anyhow, I would like to submit the general denial (pld-050) form but I'm a bit confused and hoping someone here can assist. Who do I list as the plaintiff, the law firm or Portfolio Recovery Associates? And which of them gets served a copy? Is there a way to e-file a response or do I have to go to the local superior court in person and submit this + a fee waiver form? I'm also confused about the MTC process after reading through some posts here and I'm hoping someone can clarify that. The Amazon Store card agreement via Synchrony Bank says AAA or JAMS can be used for arbitration but I'm still unsure of what steps to take to notify them that this is the route I'd like to go: https://www.synchronybankterms.com/gecrbterms/pdf/AmazonCreditCard.pdf This is what it shows on the court portal so far: Thank you.