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Filing an answer...


jeajack21
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Help!!!! If their is anyone out there that has preformatted documents that can be filed in Circuit Court for the State of Oregon for an answer, affirmative defense, counterclaim, notice to appear, and / or certificate of service, any or all would be greatly appreciated.

Am being sued by an original creditor and not sure exactly what amount to use for counterclaim also. Requested for o.c. to not contact us via telephone in writing and they continued to contact via telephone. I know they are not obligated to validate a debt, but requesting for them to do that numerous occassions as well. Who is an o.c. governed by? The FDCPA, FCRA, or neither??

Thanks.

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Just wanted to let you know that the Original Creditor is only governed by the FCRA and there is nothing to stop them from calling you if they choose to. Short of out right harrasement, but not like collection agencies who are governed by the FDCPA.

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So what can I counterclaim for anything?? I tried settling out (the debt is only $500 they are claiming I owe) and they said that they will be willing to accept 30% of $1200 ($500 plus lawyer fees) is the legal?? I thought only a judge can declare that.

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In my answer I would deny that you owe that AMOUNT of the debt.

You can reply something like this

!.Defendant denies complaint number one because defendant is unsure of the TRUE amount of debt.

Then you can request the accounting history of the account at trial. I think you might wanna get a copy of spears vs brennan. The reason is.. even if its the OC suing you, you still can get the lawyer for FDCPA.

If I am correct that is EXACTLY what happened in Spears V Brennan.

Submit that to the judge and tell him you would really like to see the account history seeing as how you think you only owe 500 and they say 1300.

My 2 cents only.. I am no lawyer but that is how I would handle it

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Making your Answer to a Complaint by using FDCPA, FCRA, etc. is NOT a proper Answer and all it'll do is have the OC suing you ask the judge for a summary judgment !!

In an Answer you either use Agree, Deny, or Lack Knowledge.

Here's a link to info on how to file an Answer to a lawsuit, it includes links to formats, etc.

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

A list of Affirmative defenses you can use:

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

This one includes a template to use as format for your Answer:

http://www.nwjustice.org/docs/205.html

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