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  1. My husband is being sued by for a target credit card issued by TD bank. TD bank is named as plaintiff. . I need advice with what to put as affirmative defenses on a general denial with the intention on settling for a lower amount. We have a week left to answer the summons.
  2. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 5. How do y
  3. Sued (breach of contract - common counts) by a third party debt collector in civil limited jurisdiction for the principal amount of $724.00. Assuming I can just file a General Denial (PLD-050), what are some good affirmative defenses I can use? I'd rather not attach 39 affirmative defenses in the rare event plaintiff decides to want to try to strike them.
  4. There's been lots of discussion on affirmative defenses recently. Let's talk about a couple. #1 Let's say it's a JDB suing and you have no idea who these people are, you never entered into a contract with an OC who sold to this JDB. Aren't Lack of Privity and Failure of Consideration valid defenses in this case? #2 Let's say you have a JDB who has no documentation proving they purchased the debt. Isn't Lack of Standing a valid defense? (You can't prove a negative, in the case of the Defendant).
  5. Hi everyone I'm helping a friend who is being sued by CACH, LLC for a credit card debt in California. I've been lurking around here weeks, reading and learning, and I feel I'm on the verge of starting to understand this stuff a teeny, tiny bit But I do have some questions I hope you guys can help me with. ok, here's the info: 1. Who is the named plaintiff in the suit? CACH, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? $5,000+ Limited Civil 4. Who is the original creditor? (if not the Plaintiff
  6. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx T
  7. I received lawsuit for jdb the day I was due to respond. I panicked and answered response simply that the debt was not valid, with no affirmative defenses whatsoever. Now it is time to answer their interrogs and productions of documents etc. I see that they want to know my defenses in the interrogs, which I understand I must answer. So it appears, after much post- study to my "answer" in court, that because I did not include any affirmative defenses, I may not use them ever without the plaintiff claiming prejudice. 1 What I wanted to know is if anybody knows how to word a request to the
  8. I am seeking some clarification related to the use of Affirmative Defenses in answering a complaint. I have been around here since 2009. When a new person shows up and says "I have been sued, what do I do". The general answer they recieve is- 1. Be sure to file an answer to the complaint, Deny each allegation or General Denial, include Affirmative Defenses. 2. Make sure you file it in a timely fashion, so as not to have a Default Judgement entered against you. 3. Check your rules of civil procedure for your jurisdiction.(We miss this one quite often) I realize that Affirmative Defenses ar
  9. Update: I am trying to put together meet and confer letter but don't know what do put. Any help from you knowledgeable ones is appreciated. They did not include all statements and payments, only couples prior to the date that lrlo claimed defendant stop or failed to pay; 11/2010 to 8/2011. Payment stopped on around march 2011. The date they claimed that defendant failed to pay was incorrect also. I demanded the contract in my BoP but still no contract attached. I found couple exemplars of meet and confer, but most of the cases lrlo did not respond. How should I put together a meet and confer
  10. Hi, This is a case update and request for assistance. I posted in July about this lawsuit, where my company and I were sued for Breach of Contract over an alleged Business Line of Credit and alleged personal guarantee. I filed my Answer and Affirmative Defenses, and the Plaintiff moved to Strike all of them. Here is the original thread, and my Affirmative Defenses: http://www.creditinfocenter.com/forums/there-lawyer-house/315383-plaintiffs-motion-strike-my-affirmative-defenses-how-respond.html We had our hearing on the Plaintiff's Motion to Strike my Affirmative Defenses. The anti-pro se natu
  11. I've gone back and read how many times I posted in different threads regarding affirmative defenses. This is very long, but I figured I could triple the time I've spent posting on affirmative defenses and would not even come close to the two hours I spent on this thread. I'm going to link it in my signature line. I say numerous times, but I'm not an attorney and this is my take on affirmative defenses. When pleading an affirmative defense, one should be aware, generally speaking, the one asserting the affirmative defense carriers the burden of proving the defense(s). In other words you u
  12. Hi, I am looking to file an Opposition Memorandum to Plaintiff's Motion to Strike Affirmative Defenses in a Florida Circuit Civil court case. I can't seem to find the rule regarding time frame in which I have to file and serve my opposing motion. I've found the Federal Rule, but not the rule for State Court. If I serve and file it on Monday, that will be 12 days prior to the Hearing set by the Plaintiff for their Motion to Strike my Affirmative Defenses. Is this sufficient time for my Opposition Motion to be considered? Any assistance is greatly appreciated!
  13. First of all, Thanks to all of you for great advice and support to those of us being hounded by JDB's. I have a pending answer due to the court (for our friends Ass3t Acc3ptance) and, through the great advice on this board, I have a well crafted response. My question is: In Michigan there is a fillable PDF for a defendant answer. I have to go to a second page to include affirmative defenses, should i use the Standard pdf Form supplied by the State for the second page or are the subsequent pages to be put on "blank sheets"? I realize this may be splitting hairs but I am not familiar with pro
  14. I listed none can I or should I raise the affirmative defense that plaintiff lacks standing during discovery?
  15. Hi, I could really use the assistance of fellow board members on how to approach a Plaintiff's Motion to Strike my Affirmative Defenses in a rather large lawsuit. My main questions are: Do we just argue our respective positions at a hearing or does the Judge rule on what's been filed, or should I respond with an Objection clarifying my position, and how much time do I have to respond. Here's some background: I've been fighting a lawsuit in Florida since 2009. The case was filed by a large bank against my company, and myself, for what they claim was a breach of contract over a business line of
  16. In a RFA they say I have no valid affirmative defenses. Can I admit this? If I deny it doesn't a burden of proof fall on me to prove a defense? Even if I admit it don't they still need to prove they own the debt and can sue me?
  17. As most know, except for a very few I can't stand affirmative defenses. Of course my opinion does not matter, but it's a message board so everybody's got an opinion. I invite you to read this Federal Judge's absolute beat down in granting a FDCPA Plaintiff's motion to strike about 90% of the Defendant's affirmative defenses. And I thought I could be a little rough around the edges when somebody posts about asserting a ton of affirmative defenses. This one is my favorite. "It is hard to conceive of a more ridiculous defense to an action under the Fair Debt Collection Practices Act." With
  18. In my original answer to the plaintiff, I put I "reserve the right to claim additional affirmative defensives that may become applicable and/or available at a later time. " Given that I did my first admissions based on a 39 dollar "how to answer credit card summons" type of thing off of the internet before I found this site! Damn.... Anyways...is this possible? I was wondering if I should put up my original responses and see if I need to cover my rump any more with anything better or tighter???
  19. We are being sued by Discover (OC) through Zwicker. We answered the complaint in a timely manner, although I don't think it was the best answer but doing the best we can. This forum has been incredible, but it's still overwhelming. It was the typical Zwicker complaint, verbatim of others on this board; and we answered with "no knowledge" on all except one that Plaintiff is a Delaware State Bank. There were two Exhibits attached; one being the credit card agreement (Exhibit A)and one statement (Exhibit which was not referenced otherwise in the complaint. We then added one Affirmative Defens
  20. Case Number: 11K17326 Hearing Date: June 06, 2012 Dept: 77 EQUABLE ASCENT FINANCIAL LLC V. SANTILLANA, ESTELA P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 © (1) (A). The Complaint states a claim against D, and D has failed to state facts sufficient to state any defense to the complaint. No opposition to this motion was filed. Judgment may be entered as follows: Principal: $11,625.11 Atty fees: $350.00 Costs: $479.50 Interest: 0 Total Judgment: $ 12,454.61 P to give notice. -------------------------------------------------------------------------------- Case Number: 11K
  21. *** I listed a bunch of affirmative in my answers and was hit with this interrogatory: INTERROGATORY NUMBER 15 State all facts upon which your base each affirmative defense to the complaint in this action. RESPONSE TO INTERROGATORY NUMBER 15 Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense. However, Defendant withdraws the following affirmative defenses and has no objection to it being precluded from being argued: a. Plaintiff’s comp
  22. It would appear not. Recently I found a case and the banks motion to strike affirmative TILA and RESPA affirmative defenses was granted. I thought time was tolled for affirmative defenses and/or counter claims. Evidently they are, if fraudulently concealed or when you become aware of it. So must we be cognizant of not only does SOL apply to COA filed against us, but to defenses and counterclaims? Can facts arguing conditions precedent were not met be argued generally in the answer if not as a Affirmative defense? What else can be argued and how? Thanx in advance for any insight for ent
  23. Hi Everyone, Zwicker and Associates has filed a Motion to Strike my Affirmative Defenses here in Florida. Hearing on this is Sept 30th. Since they filed the original complaint they have come up with the CC agreement and all my CC statements. I am filing a MTC arbitration tomorrow, but not sure it will be on time to be heard on the 30th. Meanwhile, I have to defend myself at this hearing. Here are my affirmative defenses... Any ideas? Maybe posting this can help someone else in Florida too. First Affirmative Defense Without otherwise admitting the validity of the allegations set forth in the C
  24. Thank you Coltfan for your excellent post on affirmative defenses. Sometimes I do so much research I get a little fuzzier before I get clearer so... Before I found this site last year I had done my answer to the complaint with info that I found by googling 'answering a complaint'. I therefore filed every affirmative defense that I thought might stick as suggested by the googled site as the ones that didn't stick would just fall by the wayside. Now that I have about 22 affirmative defenses on my answser and my trial is coming up in June my question is this... Can my affirmative defenses sink