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Summons Response, Affirmative Defenses, and Economic Hardshi


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Good Morning

I did a bunch of Google searches and I found a couple of good resources for putting a Summons response together. The one I made looks very plain - I am seeing a lawyer tomorrow and I hope it looks good enough to send to the Court and MBNAs Attorney.

Part of the response should contain Affirmative Defenses - these were the ones I put:

1 - Entered into an agreement with Financial Rescue Services on 9/2001 to represent and provide assistance in regards to accounts with MBNA

2 - Entered into agreement with London Financial Group to pay $170.00 per month towards debts.

3 - Provided Financial Rescue Services with all paperwork (through mail and fax) regarding MBNA.

I am hoping this will show that I looked for help regarding my accounts, am making payments towards my accounts, and gave FRS everything I received from MBNA (thinking FRS would actually talk to MBNA so all of the legal stuff could be avoided).

Last question - I was looking through some paperwork that I received from FRS. It listed things I should talk to my lawyer about, and said I should include financial hardship so it could be listed in the response. Does that seem right?

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What you can use as an affirmative defense is dependent on State laws, I believe. To find out if your responses are acceptable, including hardship, you'll have to dig into State law.

Here's a list of the 'standard' affirmative defenses you can use:

http://www.legalhelp.org/affirmative_diffense.htm

[Edit by LadynRed on Tuesday, April 22, 2003 @ 11:16 AM]

That site has great info on answering a complaint too !

http://www.legalhelp.org/answering_complaint.htm

[Edit by LadynRed on Tuesday, April 22, 2003 @ 11:20 AM]

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