hopen4800

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About hopen4800

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  1. Thanks usagi, Definitely my parting shot was pretty snippy-ish. That will go away. Are the other answers appropriate?
  2. Here are my newest answers, again critique with abandon, eviscerate,etc. ANSWER 1)Admit: This paragraph contains no allegation, nonetheless the defendant does reside at this address. 2)Denied: Defendant has never knowingly entered into a credit account with XXXX nor has defendant ever possessed a credit card bearing that name. 3) This paragraph contains no allegation, therefore defendant does not respond 4)Denied: To the the extent that no admissible evidence establishing this account has been provided, any demand for "interest" is moot and thus denied. 5)Denied: To the extent that no admissible evidence establishing this account has been provided, Defendant has "failed" at nothing. 6)Denied: To the extent that no admissible evidence establishing this account has been provided, "balance" and "interest" are moot 7)Denied 8)Denied 9)Denied: To the extent that no admissible evidence establishing this account has been provided, no "breach" or "liability" exist 10)This paragraph contains no allegation, there Defendant does not respond Wherefore, Plaintiff,by and through counsel has made claims inadmissible and unsubstantiated Defendant asks this court to Dismiss this claim or that a Hearing before this Court be scheduled. (Is this part too cocky??)
  3. No, not in Tierra Amarilla. In Santa Fe, where you'll only get harassed by panhandlers not gunsllingers.
  4. usagi555 or others, Do you know if one can access the clerks records online in NM?I could not find this option
  5. A reply from NM to: "Hi Thanks for the information its really very useful post. Hope you will continue like this." Somebody needs a hug... or a bran muffin
  6. Thanks usagi555, You mention "sticking to " THE "Defendant is without knowledge defense. My take on this is that there may be other approaches to take with my answers. That would be a general denial, is that correct? Could you help me evaluate these approaches? Many thanks
  7. Had family emergency and had to park this in the weeds for awhile. Went to courthouse yesterday.Still ok time-wise to answer complaint. Answers I have compiled so far: 1. Admits allegation in Parr.1 2.Defendant does not have suffiecient information to admit or deny this vague and ambiguous allegation. 3.Defendant does sufficient information to admit or deny what relationship exists between "local counsel" and plaintiff. 4.Defendant does not have sufficient information to admit or deny this allegation. 5. ditto 6.ditto 7.ditto 8. Deny 9.Deny 10. Deny: defendant has no knowledge of what "local counsel" or Plaintiff does for a living. Wherefore,plaintiff,by and through legal counsel,has made claims unsubstantiated, Defendant asks that plaintiffs claim be dismissed with prejudice. Defendant reserves the right to file a counterclaim. Defendant reserves the right to file affirmative defenses Defendant reserves the right to amend these answer should this be necessary. Signed XXX PLEASE dissect and critique with abandon. Better now than in a courtroom.
  8. After I answer the complaint do I: 1. Have a little time to educate myself? 2. Prepare my discovery requests? Or, must all this be included in my answer?
  9. "this sounds in breach of contract. Did they attach the agreement they referenced?" No, just a "fill-in-the-blanks" affidavit from some mid-level minion that is a custodian of records. Interestingly, the affidavit is dated ten months ago. I get the feeling that somewhere in some cheerless, dead-end cubicle, there is a stack of these "affidavits"that get a number attached as needed. This is priceless, the poor hapless soul in charge of the rubber stamp that day stamped the"'affidavit" upside down,UPSIDE DOWN!!! Then realizing the mistake tried again and partially eclipsed the other one. I know, no big deal, but come on. This,though may be significant, the notary stamp states that the notary is qualified in county "A" and the affidavit is in county "B". This will be another fun one for discovery, I think
  10. The complaint is as follows State of NM County of xxx 1st Judicial District Court Large Credit Card Provider Plaintiff vs: Me, Defendant Complaint for money due omes now the plaintiff (ABOVE) by and through its attorney, Law Offices ofXXXX, and for its complaint for money due would state as follows: 1. Defendant is (me) residing ( where I reside) 2. Defendant obtained an account (see affidavit, exhibit A) 3. The plaintiff has referred this matter to local counsel to pursue collection on its behalf in state of NM 4. Interest was assessed against any balance owed from the day of the inception of the debt 5. The defendant, despite demand, has failed to make payments as required (see same exhibit) 6The balance is ( more than 5k less than 12k), see same exhibit) 7. Plaintiff is entitled to recover pre-judgement interest from the date the debt was incurred at the contract rate. 8. Plaintiff may be entitled to recover its reasonable atty fees and costs for initiating this action. 9. The defendant has breached the account agreement and is liable pursuant to the agreement or doctrine of the account stated. 10. This is an attempt to collect a debt and any info obtained shall be used for that purpose. This communication is from a debt collector. Wherefore plaintiff would pray for a judgement against defendant in the amount of ( same as above), plus pre-judgement interest at contract rate from the date debt was incurred, and post judgement interest theron at the contract rate of (about 9%),whichever is higher, from date of judgement until pd in full , plus reasonable atty fees. Signed: law firm
  11. I found this in the magistrate rules: D. Collection agencies. Collection agencies may take assignments of claims in their own names as real parties in interest for the purpose of billing and collection and bringing suit in their own names; provided that no suit authorized by this section may be instituted on behalf of a collection agency in any court unless the collection agency appears by a licensed attorney-at-law. Does this mean that a CA can be the plaintiff,the law firm representing the plaintiff, and a Junk debt buyer all rolled into one seething puss-filled unit? I hope I'm wrong.
  12. For the moment I'm not quite confident enough to feel vindictive, but as I navigate through this I will reassess. Thanks again. I will cherish your input as this unfolds.
  13. I am in the First Judicial District. Thank you, usagi555 for your reply.
  14. Thanks for the speedy replies. Coltfan, is my request for discovery made when I answer the summons? Or is that down the line after my answer is processed?