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  1. I have been reading through different threads of success stories of other posters, and it seems I might have made a mistake with my answer a couple months ago. I denied all claims in complaint, but didn't submit anything else with it. While reading more posts tonight, it began to run through my mind "what if that put me at a disadvantage because I didn't file these?" Should I continue on? Will this hurt me? Account is still in SOL, owned by OC, repped by a law firm/JDB. Thanks
  2. I am being sued by Rausch,Stum,Israel,Enerson&Hornik,PLLC on behalf Chase bank . I called Chase to see if they had sold my debt and was told that they had not. Count 1 is breach of credit card Agreement. Count 2 is Unjust enrichment. I thought it was a junk debt collector and my affirmative defenses were going to be based mostly on that so now I am lost. All I came up with is 1 failure to state a claim. 2 Plaintiff's are limited to real or actual damages only 3 Defendant reserves the right to amend an/or add additional answers defenses and/or counterclaims at a later date. Seems very w
  3. Will I need to prove each of my affirmative defenses in court that were pled on my answer? Just want to be prepared. Did anyone make opening or closing statements? Any suggestions ar appreciated:)
  4. From this thread I see a lot of affirmative defenses, I am not sure which of them are applicable to my case but just if I used one that is not applicable to the state of California, what would happen? What happens if I can't prove any of the affimative defenses I listed? And am I correct in assuming that if I did not list a specific affimative defense, I can't bring it up anymore at a later date?
  5. I am working on a response to a lawsuit. The Plaintiff is a debt collector who bought the debt and has a law firm suing me. I found some very useful Affirmative Defenses on this forum (thank you!!!!), but have eliminated some, as I don't want to appear frivolous. There are some, though, that I either don't understand or am not sure if they apply to my situation. Any help with these would be appreciated. The ones I don't understand or are not sure if they apply I placed a "?" before. The ones without a "?" are the ones I'm planning on including. Thanks so much for any assistance anyone might be
  6. Hello, don't know if I'm following the forum rules, but I'm trying to get templates, information, insights on how to present my affirmative defenses on a Hearing to Confirm an Arbitration Award. The award was issued to CACV of Colorado LLC and is being handled by attorneys in Sacramento, Ca. The SOL , CCP 337 in Ca, is 4 yrs on an open end account (credit card). The date I made a last payment was on 3-26-04. The four years on the SOL expired on 3-27-08. The arbitrator made the ruling on 6-03-08, 3 months after the SOL expired but ruled" The filing of the Claim in Jan 07, which is well withi
  7. Hey folks, I have been sued by Midland, almost a month ago. After that I came across this glorious forum and have got valuable advice until now. My first post out here which has the details of the complaint is at: I filed my answer to the summons, at the beginning of this month, after valuable inputs from respected members, along with Affirmative Defenses, Counterclaim & Interrogatory. Those can be seen here at: After
  8. I want to amend my affirmative defenses. The clerk of the court here in Virginia is not helping, because she says she cannot give any legal advice. It has been 90 days since I filed my answer to summons and affirmative defenses. I have been doing a lot of research and I want to add more affirmative defenses. Can it be done? No trial date has been sent and the JDB atty. has sent me some discovery requests.
  9. Hi all. I am a newbie to this site. I am being sued by Beneficial Indiana (my home state), the original creditor, for approx. $4500, and currently working on my Answer. It has been just over one year since I last made a payment. This is definitely within the statute of limitations. The complaint states (1) Plaintiff is the holder of a Promissory Note executed by me and that the note is attached as an exhibit (I did not receive a copy). (2) I owe the sum of XXXXX including principal and interest, plus accrued finance charges and/or interest. (3) Although due demand has been made, I have failed
  10. I see these affirmative defenses here and every where else and all the pro se self-help guides for collections cases, but has anyone actually had them work? Failure of Consideration Lack of Privity Parol Evidence Rule No valid assignment Whether purported assignment was partial or complete. I understand one of the general strategies is to make the CA's lawyer work for it, often resulting in dismissal or favorable settlement. I understand in some cases you can trip them up on FDCPA/FCRA suits. But my general question is assuming that the CA produces an affidavit of sale/assignment from the O
  11. ANSWER TO COMPLAINT Defendant, John Smith, answer Plaintiff’s Complaint in like numbered paragraphs as follows: 1) The Defendant(s) resides within this court’s venue and venue is proper in this court. ANSWER: ADMITS 2) The amount in controversy is within the courts jurisdiction ANSWER: ADMITS 3) The Defendant had an agreement for A LINE OF CREDIT, originally with OC. ANSWER: Insufficient evidence to affirm or deny this claim. Plaintiff cannot affirm own claims. Furthermore, no authoritative documentation was provided. 4) The Defendant(s) has defaulted in payments on the above mentioned a
  12. I am working on getting my answers filed within the next week or so but I just seem to have so many. At what point is it just overkill? Right now I have over 20. Looking around I have seen as few as 5 or 6 affirmative defenses to as many as 15 or 16. Is it best to use only what you know will stick or should I just throw it all (everything that is even remotely relevant) in there and hope for the best? I just don't want my answers to appear frivolous.
  13. The only one is the sol past in the state where the alleged debt occured. I have read and read and nothing seems to pop out at me. The alleged debt is for a credit card.
  14. I looked at the ones one the site here but they are hard to understand. The only one I have down is the SOL past in the state where the alleged debt occured. How many should I list, and what can mine be?
  15. I'm reading about affirmative defenses, and how when added to the Answer, the Plaintiff can then just turn around and deny, demanding strict proof. So if I use this affirmitive defense: 1. Lack of Privity. Defendant has never entered into any valid contractual or debtor/creditor arrangements with the Plaintiff. Does the burden of proof then transfer to me, to prove there was no contract, rather than them proving there was, since I used it as an AD?? I'm reading that the P can then Reply with: Plaintiff denies AD and demands strict proof. Can I demand strict proof of the original complaint i
  16. Being sued by Junk Debt Buyer Amount: 16,566.81 I answered the Claim with an Answer,Affirmative Defenses and Request For Production of Documents. Silence, for a while (10 Months) Plaintiff Answered the Affirmative Defenses with; "Plaintiff hereby replies to defendants, Special Defenses Contained in Answer dated July 26,2006. 1. Plaintiff denies each and every allegation in the defendant's affirmative defenses. Thats it................ My Question is, Do I reply to this? Hit them with a MOtion To Compel or Request for admissions?
  17. Hello All: Here is a great link to some affirmative defenses:
  18. I am responding to a credit card base complaint, and I have several Affirmative Defenses (hopefully one will stick). A question for you credit buffs - Should I include two seperate Affirmative Defenses for each potential code - as in, should I state one defense based on SOL, California Code 337.1 which is 4 yrs for a written contract, and then state another defense based on SOL, Cali Code 339 which is for contracts not based on a written agreement (2 years)? My thinking is that if they are able to prove a contract, but not show the evidence that it was written I can use the shorter SOL, but st
  19. I have read the sticky but I am still confused. Is my affirmative defense that I do not know this company and they are not the original creditor I honestly don't know how to write this letter
  20. I have been searching to find out what affirmative defenses are and I can't seem to find asample letter that will help me respond to this summons
  21. I was just reading thru another thread where the Plaitiff lawyer had to schedule a Motion re: an affirmative defense. If the affirmative defense was not validating the debt per the FDCPA, must the plaintiff file a motion to address that before the case comes to trial?
  22. Trying to prepare my answer to an lawsuit and want to make sure I cross all my T's. Especially when it comes to affirmative defenses. Beside SOL what other affirmative defense can a defendant in a debt suit bring up on the answer to summons?
  23. Hello all, I've spent a couple of days pouring over this site and the web but haven't found a description of "affirmative defenses" and when and how to use them. I'm being sued (by a CA) on behalf of a company that says they did work for me when they didn't. All they have as evidence are the bills they sent me (which I never recieved). I DV'd the CA and got the copy of the bills - sent the CA a letter saying it was completely bogus - next thing I know I'm being served with a summons and complaint. So I know in general what the Answer looks like and I've read what all the affirmative defens