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  1. Hello all - I discovered this site after doing some research on a summons I received on Saturday morning. The complaint includes much of the boiler-plate information that I've seen on other complaints on this website and others: [Plaintiff is listed as Capital One Bank (USA) N.A. yet on previous debt-collection documents client is listed as NAN Capital One] [i removed the introductory information which appeared to be pretty standard stuff...] 1. Plaintiff [Capital One Bank (USA) N.A.] is a national corporation... 2. Defendant is who we say he is... 3. Defendant entered into an agrement, a copy of which is annexed as Exhibit A... 4. Agreement establishes an interest rate of 0.0% per year 5. Defendant defaulted under the terms and owes principal, interest, other costs... 6. Under the terms of the agreement, if Defendant defaults, Defendant pays all reasonable costs... WHEREFORE, Plaintiff demands judgment against Defendant for principal, and other costs, fees, interest... [i chose to not include all wording because it's pretty standard as far as I can tell.] I've drafted an answer as follows: Defendant’s Answer to Complaint: Admit in part and Denied in part. Admitted that Capital One Bank is a national corporation. Denied because Defendant does not know enough about the PLAINTFIFF’s business practices to determine if they ‘conduct business’ in Wyoming. Admitted. Denied. There are no documents attached that are affirmatively listed as EXHIBIT A. Further, PLAINTFF has provided no probative evidence that DEFENDANT entered into an agreement with the PLAINTIFF. DEFENDANT objects to the alleged agreement in Exhibit “A”. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. FUTHERMORE, DEFENDANT denies every other allegation not previously admitted, denied, or controverted. AS AND FOR AFFIRMITIVE DEFENSES PLAINTIFF has failed to state a claim against the DEFENDANT upon which relief can be granted. PLAINTIFF has not provided any probative evidence that the alleged debt is valid or the amount of the alleged debt is accurate. The PLAINTIFF must prove that the alleged principal, alleged interest, collection costs, and attorney’s fees are all correct, were agreed to, and lawfully charged. DEFENDANT also insists that the plaintiff present originals or authenticated copies of the contract, all account statements, full payment history, and purchase receipts to prove the amount of the alleged debt. DEBT COLLECTOR [redacted], has not proven that they are authorized and licensed to collect claims for others in the State of Wyoming or solicit the right to collect or receive payment of a claim of another. [redacted] do not appear to be licensed by the State of Wyoming, Division of Banking, Collection Agency Board, as of February 12, 2014 (i.e., date of the Lincensee List on the Division of Banking, Collection Agency Board website). WHEREFORE, DEFENDANT prays that this Court find judgment for Defendant, deny PLATINTIFF’s request for relief, deny PLAINTIFF’s request for principal, deny PLAINTIFF’s request for interest costs, deny PLAINTIFF’s request for post-judgement interest, deny PLAINTIFF’s request for attorney’s fees, and deny PLAINTIFF’s request for any relief whatsoever. DEFENDANT further prays that this Court hold that Defendant is the prevailing party and dismiss Defendant with prejudice DEFENDANT reserves the right to amend these answers as circumstances require. By the DEFENDANT, pro se. I have also drafted a pretty well-written (I think!) and well-cited Motion to Dismiss based upon the failure to state a claim that I would include, but my Google Drive folder failed me at work. Regardless, I'd like to file this answer today and, if possible, the Motion to Dismiss. Could I have your thoughts on the appropriateness of my answer presented here? Thanks - SHR
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