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answering a civil action from a dc


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Hello again

This post is is part observation and part question....

when an Okie is served with an civil action from a DC the SOP is to answer and in that request validation. So if a person go to the court clerk and files a paper that says......verify the debt..... without affirming or denying the allegation and does NOT give an affidavit at the same time. THEN WHAT?????

My observation from experience is that my comments/answers to the suit were essentially ignored and I believe it is because of no affidavit.. :x

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xheadscratchx I don't know what DC and SOP are. I'm assuming DC is debt collector? (We call them CA's here on the board....collection agencies) I can't even figure out what SOP is. *shrug*

If you just went to the court and filed a request for validation, then you didn't answer your summons. You have to literally answer the summons they send you. Why would you file something and not deny their allegations? I don't understand what you filed at all....I thought you said you filed an Answer? I'm assuming your filing of whatever it was was taken as an entry of appearance or something. :?

No, you don't have to file an affidavit with your answer.

Your comments weren't completely ignored...otherwise they would have gotten a default judgment on you. The reason they didn't take anything into account is because you didn't Answer...or if you did...you didn't follow court rules....or you didn't give them anything to work with.

What in the world did you file?

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words are the embodiment of communication and yet the most overlooked in translation to the recieving person. THANKYOU OUTCOME- BASED EDUCATION!!!!

I am trying to remedy my condition of ignorance and the assumption that my general understanding of common words that are used in the legal arena is sufficient for me to act.

Point being that I dont know what an appropriate answer is to satisfy the summons.

Two years ago I got served..and ..within the time alloted on the summons I went to the court house and wrote on a piece of paper asking "...that the court allow the plaintif to provide proof of siad debt in the form of a contract with my signature."

At the time that was all I could think of to do and didnt know anything else, had no money for counsel and nothing has changed since!

Now the judgment is upon me I am sure its my fault but some of us have to learn the hard way! (We appreciate knowledge more when it is earned)

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David, I think your posts confuse me more than anyone else on here. XhairX:lol:

You can't do anything now to remedy something you did two years ago. From now on, if you get served, Answer saying "Defendant denies the allegations in paragraph #x and requests strict proof therof."

How about next time you get served, just post the summons on here and let us work it out for ya. :lol::wink:

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RedDog,

it's easier if you think of it in these terms: a constant force (the SOP), acting on a particle of mass m (the CA, or DC in this case), will produce a constant acceleration a (the summons).

Let us choose the x-axis to be in the common direction of F (the affidavit) and a (summons). What is the work done by this force on the particle in causing a displacement x (default judgment)?

We have, for constant acceleration, the relations a = ( V - v ) / t and x = ½ ( V + v ) t.

Hope that helps!

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David,

In a way Yes you can file an Answer that way! For example:

1) Defendant is without sufficient information and leaves Plaintiff to provide proof.

You can repeat that passage or think up and list potential FDCPA counterclaims.

DV needs to be requested PRIOR to the time the Plaintiff files suit! Afterwards you can still do it, but you should not expect a response, nor will it stop the court proceedings.

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I'm so confused..

Doc is doing physics

Chasey is speaking jibberish that I understand

And David is talking like a rocket scientist

Help....too much information....

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yes the same firm lbn has two more actions pending, I ahve been served on both of them and I have request validation on both with in the thirty days or so that on the summons... Hence my original question about "ANSWER" I now know that my (pro-se)DV request was not an ANSWER per -say but just DV. There has been some thing returned from the CA but at the moment I dont remember what is.

One case was filed feb2004 from plaintiff "assignee" and was served sewer style on 3-3. I went to court house on 3-29 and wrote on a piece of paper for DV and a scathing comment about the service along with a document establishing my where abouts on that day but not an affidavit. The server then around 5-3 filed an "amended service" for the same original sewer date. There has been nothing since that I am aware.

The other Incoming bomb was filed 5-10 04 and served the right way on 9-18 and agian I filed DV on 10-15 no action since that I a am aware...

both acct are beyond 3yr but with 5yr

I need to file ammended ANSWERS for and really quick I think before I get more of what just happened. Is it too late to answer??? Thanks for the Help. DH

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Holy SheepS$%t Batman! We got a live one!

A DV is not an answer! No need to amend. A DV isn't really something to be filed with the court, so your DV may be construed as an answer.

Is the within 5 years based on info as they claim it or is it "allegedly" accurate? PM me the link to your case if you want me to look at the specifics.

An answer is required within 20 days of service according to the rules of civil procedure. They give you 35 days on the summons so that should be the amount of time you get.

I am leery of relying on the 3 year SOL, but Lady here will be most adamant that that is the case. I would recruit her help in the 3 year SOL and use it as "part" of your answer.

I'll try to find you some more links

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