summons and almost out of time

[raveneye]

I got a summons and I only have a few days to come up with a reply. The plaintiff is a debt collector over a credit card bill that is due to be over the SOL this June, I believe. I don't recall any prior contact by this collector.

Should I send a request for debt validation immediately to the collector, and create an answer to the summons in which I basically say that I am unsure of truth of the claims because I have not received validation, or file a motion to get more time? What sort of grounds must you list for needing more time?

Exhibit A, that is attached to the papers, is a copy of an unsigned cardmember agreement.

Please help me, I am a single mom struggling to pay the bills, behind on mortgage and no way I can afford a lawyer. I'm trying like heck to grok what to do.

[Kendra]

From what I know (not an expert), but it is very important to file an answer or you will be in default and a judgment will be served against you and then they can freeze your checking account and possibly garnish wages. So be sure to file an answer. A site I found very helpful is:

www.nwjustice.org/pdfs/205.pdf

Hope it helps. Please post and let me know if the site worked for you.

Good luck.

[admin]

Also check the "suing or being sued" sticky above.

[raveneye]

I have a copy of my credit report and the account was closed on 12/2000. In Ohio, if its true that the SOL for open accounts is 4 years, then they are over the limit. It also says that it was updated on 5/2001 and i'm not sure what that means. It also says "charged off as bad" and "profit and loss writeoff" So should I use the SOL counterargument?

[Guest]

In Your answers to the court you deny the allegations and ask for strict proof there of. Then you want to file affirmative defenses that the account is past the SOL. Also try to find out licensing requirements and if they are in fact the owner of the account or an assignee

[ghacorp]

It can take up to six months to be served so look at the summons to determine the filing date with the court. The SOL if four years in your state would be four years from the date of last payment activity or from the date the account became delinquent. You will need to file an Answer at this point rather than DV.

[raveneye]

well, I am writing my answer at this moment, this is what i've got:

RESPONSE TO COUNT ONE

FIRST CLAIM

1. Defendant admits that NCB is a debt collector.

2. Defendant is without sufficient information and leaves Plaintiff to his proof.

3. Defendant admits residing withing the Jurisdiction of this Court.

4. Defendant reincorporates Paragraph 1 through 3 as if fully rewritten herein.

5. Defendant is without sufficient information and leaves Plaintiff to his proof.

6. Defendant is without sufficient information and leaves Plaintiff to his proof.

7. Defendant is without sufficient information and leaves Plaintiff to his proof.

8. Defendant is without sufficient information and leaves Plaintiff to his proof.

9. Defendant is without sufficient information and leaves Plaintiff to his proof.

SECOND CLAIM

10. Defendant incorporates paragraphs 1 through 9 as if fully rewritten herein.

11. Defendant is without sufficient information and leaves Plaintiff to his proof.

12. Defendant is without sufficient information and leaves Plaintiff to his proof.

THIRD CLAIM

13. Defendant incorporates paragraphs 1 through 12 as if fully rewritten herein.

14. Defendant is without sufficient information and leaves Plaintiff to his proof.

15. Defendant is without sufficient information and leaves Plaintiff to his proof.

I need to finish quickly and get it over to the court and have the clerk sign a receipt? Then I send a copy to the evil lawyer for the plaintiff? I thought the next part might look like:

Defenses

1. Defendant states the Statute of Limitations has run out on this account.

I got this copy of my credit report here and it says the account was closed 12/2000, but then updated 5/2001. What that means I don't know.. I don't remember making a payment that late. Its only 1300. for goshsakes! If I had the money right now, I would just pay them!

Oh, please give me more advice on how to write this answer because TODAY is my LAST day to get it in! And thank you so much.

[raveneye]

OK..I'm sure they are past 4 years. I found some old paperwork. On 5/31/2001 the account was turned over to a different collection agency, IC systems, and the balance is the same as when the account was closed. I have NO idea when NCB got the account.

[raveneye]

Skye, I would love to be able to follow your instructions, and appreciate them greatly, but I don't know how to phrase things properly, and I'm afraid I will just dig myself in deeper. I need to print this thing and go because it has to be done today.