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My lawyer bailed - can someone help me?

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Hello all,

I've read through hundreds of posts and have gotten some great information from the this site after I was served a summons and complaint. I contacted a lawyer who was going to help me answer it properly but now he won't return my phone calls and I only have a week to answer. I'm hoping someone will be willing to help me.

The CA has done everything by the book as far as I can tell. I'm being sued over a collection I refuse to pay because I never requested the original service and it was never performed.

The complaint is short and the paragraphs aren't numbered. The first paragraph states that they are duly licensed blah blah blah (which they are) and that I live in the county where the complaint is filed (which I do).

The second paragraph says I'm indebted upon the following accounts (which I'm not) and they were incurred within the las 6 years (that's a tough one because I don't think they were incurred at all but this all did happen just this past year - no SOL violations).

The 3rd paragraph just "seeks relief" etc.. and lists what they are suing for (including statutory attorney fees, interest, and Plaintiffs costs).

My specific questions are:

Do I assert ALL of the available affirmative defenses (even though most really don't apply)? Or just the fact that the service was never performed or agreeed to by me (they have NOTHING from me).

How do I word a countersuit for my pain and suffering?

The summons and complaint have my last name slightly wrong and my husbands name listed as John Doe (because they don't know his name ) Should I put our names correctly on the answer?

Also - it's my understanding that they can't sue for interest since there was no agreement in the first place - is that true? And can they sue for their own costs if there was no agreement to that either?

Also - someone here told me that I should file a motion to dismiss for want of standing. The CA was "assigned" the accounts for collection but has listed themselves as the plaintiff - I don't believe they've actually bought the debt though. Does this mean they can't sue on their own behalf?

Thanks for any help you all can give me!!!!


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I don't know what state you livein, but here is how I might answer the complaint:

Defendants, for their answer to teh complaint, state as follows that:

1. ADMIT the allegations of paragraph 1 that says plaintiff livesin ----- County: DENIES having information or knowledge sufficient to form a belief about the truth of the other allegations of paragraph 1.

2. DENIES the allegations of paragraphs 2 and 3.


3. Upon information and beleif, this plaintiff lacks the legal capacity to bring this action.

4. Upon information and belief, this action is barred by the applicable statute of frauds.

5. Plaintiff fails to state a cause of action upon which relief against the dfendants may be granted.


6. Plaintiff has vi0olated the FDCPA.

Wherefore, the denfendants ask for judgment dismissing the complaint and against the plaintiffs on the counterclaim for an amount that does not exceed the jurisdiction of this court, with the costs and disbursements of this action, and such other, different and further relief as the court finds proper.

Signed _________________________

Print your names



TO: plaintiff's lawyers

Send a copy to the lawyer ( certified mail). send the original to the civil court clerk, reference teh index number, if you have one.

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