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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.
Think I posted this in the wrong forum originally, sorry! So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help. Cliffs: Old CC that was paid off, they never closed the account after paid in full Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up Fought with Wells offered to pay debt less interest/fees *($900) - denied Sold, sold, sold til it hit Asset Acceptance ( do not recall how many CA's actually owned the debt prior, this is my MRS CC) Summons asking for 7k in debt, plus 2k in legal fees I currently wrote my answer and kept it very simple as I read a lot of people on here get carried away with crazy affirmative defenses and stances that I do not feel the need to prove and end up sticking their own foot up their backside in front of a judge. So basically denied everything in my ANSWER and stated not enough evidence to answer therefore Denied etc (obviously admit name and address etc). So my first question before I have her go to the notary, do I need to add at the end of my denials 'strict proof needed' or some verbiage of the sorts? I feel I do not as my denial is saying just that without actually saying that correct?!?! I should ask for the proof during discovery (even if it gets to that point) Again thanks to all you out there (coltfan,BV70, Racecar etc) as I have ready hundreds of your guys' forum postings! Thanks, Erikrosey p.s. I was served 10/12/13 and have 20 days to respond (don't worry, I will respond in time). I am starting this as more of a how-to/get help along the way from you kind folks!