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Showing results for tags 'affirmative defense'.
Found 6 results
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Hi everyone, I am new to this site but have read many threads. I am sued, served on 12/19/2018 by Portfolio Recovery. Here is my paperwork they served me. I need to file my GD in a week. I need guidance on how to handle this. What affirmative defenses I should claim? or just deny all. Thanks a lot for all your inputs. PRA 2019.pdf -
I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them. I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just courtesy call nothing formal in writing) They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name. I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday, -
Getting sued in Wisconsin by PRA for a Synchrony BP card and just when I thought I had my answer ready to go, I read on here not to include any affirmatve defenses. I've been reading everything I can on how to answer this complaint and most of what I have written has been copy and pasted. Hoping someone can take a look at it and let me know if I should add or delete anything.
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I need to file a motion for leave so I can add an affirmative defense to my answer to a complaint filed in civil court by an attorney representing a JDB. My original answer included lack of standing as an affirmative defense. I did not include a mandatory, binding arbitration clause and a small claims court clause as an affirmative defense. I wasn't able to find a sample motion for leave that dealt specifically with my issue, so I pieced the following together from a few examples I found online. Because I'm saying the court lacks jurisdiction due to the arbitration/small claims cla -
I'm new here. I was served by PRA on 4/19, case was filed on 3/27/14 in Florida. Two counts listed: Account Stated & Unjust Enrichment. They submitted page 1 of a credit card statement from Sept 9, 2010 to Oct. 10, 2010 with a min payment due of $1,953. I don't have any paperwork. I pulled my CR and the last payment was on 2/24/2010 on both PRA account information and OC. I am going to file my answers and affirm the SOL defense plus others. My question is, when would I file a motion to dismiss based on the SOL? -
I recently received a summons from my county court in response to alleged debts from a JDB. I was hoping that someone could help critique my answers. 1. Oli-v, Defendant (s) is a (are) residents of XXXXX County, with a post office address of (my address). 2.The amount claimed herein does not exceed the jurisdiction of the court. 3. the amount claimed from Oli-v, the Defendant (s) is One Thousand Three Hundred eight and 66 cents ($1208.66, together with proper interest at the contract rate of 21% per annum in the amount of $1,571.27, attorneys fees of $196.80, court costs, and any other item
