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Hello, I was served a Complaint by Patenaude & Felix (in January) suing me for an account on a credit card debt with Capital One and I have already answered with a general denial. I was already skeptical about Patenaude & Felix's validity, but now my hunch has gotten even greater. I just got a letter in the mail from Capital One stating , "Thank you for contacting us.. (which I have not contacted them) ...and "Your credit card account was acquired by Portfolio Recovery Associates, LLC ." "Portfolio Recovery Associates, LLC now owns your account and may contact you either directly or through an affiliate or third party." Now I'm not sure what to do?? Can Patenaude & Felix sue me on an account owned by Portfolio Recovery Associates, LLC? Who contacted Capital One in the first place and should I contact Capital One?? I intend on fighting this in court thanks to the help of many of you on this board. Any help on this would be greatly appreciated! I have a court date set for next year (February 2017).
Hola, My first post and I apologize in advance if this is in the wrong forum. I received a summons and complaint on Tuesday the fourteenth of May. I have researched the boards and forum, but honestly there is sooooo much information, I’m totally confused. So if anyone out there can look over the summons and complaint and my drafted answer below, and give me any ideas, tips and or comments I would be grateful. I'm just overwhelmed by this whole legal process.... Here is some background: 1. Who is suing you? American Express Bank, FSB through an attorney in Tucson. 2. For how much? $9,352.60 3. Who is the original creditor? American Express 4. How do you know you are being sued? Summons and Complaint 5. How were you served? Delivered to my relatives house in person while visiting. I just use this address as my US Address. Never have lived in Arizona, obtained the credit card while living in Washington state and 15 years ago moved to the west coast of Mexico. I now reside in Mexico and have for the past 15 years. 6. What was your correspondence (if any) with the people suing you before you think you were being sued? Little contact by phone, had signed up for one of AMEX's debt payment plans directly with AMEX. Followed it but when the time limit for the no interest and lower payments ended, the payments were just too much and I told them so. They would not lower the interest rate or the payments so I had no choice but to stop paying and I told them so. Last contact with American Express: 5/5/2012, Last payment 1/9/2012, last charge 3/2/2011 Also, have never spoken with any of the debt collection agencies they hired except I did try to call the attorney who sent me the summons after I received it, to see if I could settle. The girl I spoke to said she was not authorized to deal with people out of the country and would have one of the lawyers contact me. To date, no contact. 7. Where do you live? Mexico 8. When is the last time you paid on this account? January 9, 2012 9. What is the status of your case (if anything has been opened)? Don’t know what this means. 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? No 12. Does your summons require a response in writing? Yes. Within 20 days. 20th day is June 3rd. However, I have to DHL answer back to Arizona by Tuesday May 28th, so time is short. 13. What evidence did they send with the summons? I received three forms from the process server -- 1)Summons Civil, 2) Complaint (contract), and a 3) Notice to Litigants: Requirements to appeal a decision of the justice of the peace. No evidence was attached. 14. What is the SOL on the debt? I don’t know Sent to my name and John Doe Plaintiff, through undersigned counsel, alleges as follows: 1. Defendant (s) (is are) husband and wife and) (a) resident of Maricopa – North Valley County, Arizona. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is a pre-marital debt, the non-debtor spouse is joined only as a necessary party pursuant to the law affecting community property. 2. This court has subject matter and personal jurisdiction. 3. All pertinent acts and omissions giving rise to this lawsuit occurred in Maricopa – North Valley County, Arizona. 4. All conditions precedent to Plaintiff’s right of recovery have occurred. 5. by accepting and using an offered credit, defendant entered into a credit card agreement with American Express bank FSB under account number ending in XXXX and agreed to the applicable terms and conditions of that credit card (the Debt) 6. Defendant is in default under the terms of the debt. The present amount owed under the terms of the debt, after all setoffs, is $9,362.50 7. Despite demand to do so, defendant have failed to pay the amount owed. 8. The acts and omissions of defendant consititute a breach of contract. Plaintiff has been damaged thereby. WHEREFORE, Plaintive prays as follows: 1. For judgment against Defendant in the sum of the balance of $9.352.60 2. For costs incurred herein: and 3. For such other and further relief as the court deems just and proper. After much research I came up with the following Answer. However, several points just don’t seem right. So any critique is appreciated: MY ANSWER: In response to the plaintiff’s complaint the defendant responds as follows: 1. In response to paragraph one of Plaintiff’s complaint, Defendants admit they are husband and wife but deny all remaining allegations. 2. In response to paragraph two of Plaintiff’s complaint, Defendant are without sufficient knowledge to either admit or deny the allegations contained therein and therefore deny them. 3. In response to paragraph three of Plaintiff’s complaint, Defendants deny the allegations contained therein. 4. In response to paragraph four of Plaintiff’s complaint, Defendants are without sufficient knowledge to either admit or deny the allegations contained therein and therefore deny them. 5. In response to paragraph five of Plaintiff’s complaint, Defendants admit in part. I did have an account with American Express and deny in part. I have been presented with no evidence that the account I had with American Express is the same account as the debt alleged in this complaint. 6. In response to paragraph six of Plaintiff’s complaint, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. 7. In response to paragraph seven of Plaintiff’s complaint, this request calls for admission of a matter Defendant has denied and thus it is improper. 8. In response to paragraph eight of Plaintiff’s complaint, Defendant denies the allegations contained therein. DEFENSES: 1. Plaintiff has failed to state the basis of the lawsuit: They did not cite an actual state law which was violated. 2. Defendant reserves the right to plead affirmative defenses that may become applicable and/or available at a later time. 3. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time. STATEMENT FOR INFORMATIONAL PURPOSES: I do not live in Arizona and never have. The address in AZ is the address of a relative. At present I reside in the state of Nayarit in the country of Mexico and have for the past 15 years. I have no assets in the United States. I have tried to speak with the attorney for the Plaintiff’s about this summons and complaint and to date have not received a reply. WHEREFORE, Defendant XXXXX, respectfully submits that the Court should dismiss or deny the Plaintiff’s complaint. The Defendant prays for Dismissal of the complaint by the Plaintiff and reimbursement of my court costs. Further the Defendant sayeth not. Dated this 27 of May, 2013 By the Defendant acting pro se That’s it. I’m not sure what to expect, but at this moment I cannot pay the amount they are asking. I’m really judgement proof having no assets in the US other than one old car registered in my name in Arizona. The car is here in Mexico and a 1997 with over 140,000 miles on it, so don’t think they would be foolish enough to come here and take it, but you never know. It’s probably worth $3,500 dollars. What I would like to do is to delay the judgement or maybe if my defense is good enough get this dismissed. Thanks for any help anyone can give me,