Please read and comment...I responding to summons

[Syracuse1]

Hello,

Can you please comment on this...it is my response to a summons I received. I am filing it later today. Thank you ALL in advance!

TO THE HONORABLE JUDGE OF SAID COURT:

Comes now (MY NAME)appearing Pro se and files this, her Original Answer to Plaintiffs’ Original Complaint and for such answer would respectfully show the Court the following:

FIRST CAUSE OF ACTION

1. Rules of Civil Procedure, and subject to any admissions made hereafter and subject to any offsets and counterclaims which may be filed hereafter, Plaintiff's allegation is a legal conclusion not subject to admission or denial. To the extent that a response is required, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis, generally and specifically denies the allegation contained therein and leaves Plaintiff to provide proof. (MY NAME) denies each and every, all and singular, the material allegations contained in Plaintiffs' Original Petition and says that the same are untrue, in whole or in part, and demands strict proof thereof, reserving the right to amend and plead further herein at a later date.

WHEREFORE, (MY NAME), named Defendant, requests judgment of the Court that Plaintiffs take nothing by their suit, and that Plaintiffs go hence with their costs without day, that Defendant be awarded his reasonable cost/fees incurred in this matter and for such other and further relief at law or in equity as to which this Defendant may show himself entitled.

II

COUNTERCLAIM

INTRODUCTION

1. This is an action for damages and injunctive relief brought by an individual consumer against the Plaintiff for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C § 1681 et seq, the Fair Debt Collection Practices Act 15 U.S.C. § 1692 et seq (hereafter the “FDCPA”),

1. Plaintiff (MY NAME) is a “consumer” as defined by 15 U.S.C. §1681a©, 15 U.S.C §1692a(3)

2. 2. The obligation allegedly due by Defendant to MBNA/NCO PORTFOLIO MANAGEMENT is a ‘‘debt’’ as defined at 15 U.S.C. § 1692a(5).

STATEMENTS OF FACTS

1. On February 14, 2005, April 28, 2005 and June 29,2005 Defendant wrote a

validation request letters addressed to Plaintiff. Using the addresses found on credit report and from received letter of defendant’s attorney, disputing the accuracy of the debt and requesting a complete validation. See plaintiff’s exhibit “A”, “B”, “C”.

2. Defendant received the collections letter from Plaintiff.

3. No communication other than these documents was sent. The plaintiff’s communication failed to meet the burden in New York State.

4. The documents sent by the plaintiff’s were spurious and showed a Lack of

Privity between the plaintiff and the original creditor.

CAUSE OF ACTION

5. Count 1. Defendant repeats and re-alleges paragraphs 1-4 as though they were fully incorporated herein.

a) Plaintiff violated the FDCPA 15 U.S.C. § 1692g( by continuing collection of the debt after failing to validate the debt. This violation occurred in the defendant’s lack of response to plaintiff’s initial dispute letter. The defendant did not show 1) that the debt has not been paid in whole or in part; 2) that they have the authority to collect the debt, and 3) they obtained verification from the original creditor and forwarded it to defendant.

Plaintff’s violated the FDCPA 15 U.S.C. § 1692e(10) by the Plaintiff’s mailing the defendant a document which creates a false impression as to legality as validation. Where used by plaintiff to also give the false impression that the original creditor validated the alleged debt, as the complete case verbiage contradicts plaintiff’s use of the same case.

c) Plaintiff’s acts as described above were done intentionally with the purpose of coercing defendant to pay the alleged debt.

6. Count 2. Defendant repeats and re-alleges paragraphs 1-4 as though they were fully incorporated herein.

a) Plaintiff violated the New York State code by continuing collection of the debt after failing to validate the debt. This violation occurred in the defendant’s lack of response to plaintiff’s initial dispute letter. The defendant did not show 1) that the debt has not been paid in whole or in part; 2) that they have the authority to collect the debt, and 3) they obtained verification from the original creditor and forwarded it to defendant.

Plaintff’s violated the New York State code by the Plaintiff’s mailing the defendant a document which creates a false impression as to legality as validation. Where used by plaintiff to also give the false impression that the original creditor validated the alleged debt, as the complete case verbiage contradicts plaintiff’s use of the same case.

c) Plaintiff’s acts as described above were done intentionally with the purpose of coercing defendant to pay the alleged debt.

7. Count 3. Defendant repeats and re-alleges paragraphs 1-4 as though they were fully incorporated herein.

a) Pursuant to New York State code this is a deceptive trade practice under Business & Commerce Code, and is actionable under that subchapter

PRAYER FOR RELIEF

1. Therefore, Defendant prays that the court grant:

2. Declaratory judgment that plaintiff’s conduct violated the FDCPA, and state statutes, and declaratory and injunctive relief;

3. Punitive damages in the amount of $1,000 as to the first count;

4. Punitive damages in the amount of $500 as to the first count;

5. Statutory damages in the amount of $500 as to the second count;

6. Actual damages in the amount of $500 as to the third count;

7. Costs and reasonable attorney’s fees and/or Pro-Se litigant’s costs and fees pursuant to the FDCPA, 15 U.S.C. § 1692k and the FCRA, 15 U.S.C. § 1681n and 15 U.S.C. § 1681o

8. For such other and further relief as may be just and proper.

9. Costs associated with this lawsuit.

[Recovering Attorney]

I would not send this as your answer. Send me a pm with the complaint language and I shall be glad to help you answer. Are yo in Syracuse City Court? If so, remeber you have 10 days to answer if you were personally served.

[LadynRed]

Let RA help you, but on first review, this appears to be formatted for a cross-complaint, it is NOT a proper Answer to a Complaint.

In your Answer, you should be answering their allegations as laid out in the Complaint. You either 'affirm', 'deny', or say 'lack sufficient knowledge'. You may be able to elaborate to a small degree to explain your answers, but thats' about the extent of it.

[KentWA]

Your affirmative defenses are also missing! Remember if you do not include them, you are barred from using them in the future.

[ygutie]

I have read alot of threads, but don't have a direct answere to my questions.

Wells Fargo Educational Finacial Services has apprently placed a Judgemet on me. I have never been served I found out by an alert on my credit report. Wells Fargo has sent my account to a CA also, so I'm confused.

1) can I try and settle with them?

2) who do I deal with? Wells Fargo or the CA?

3) Does a motion to Vacate work in the case the debt is really yours?

I don't know what to do. The amount is for 8K and I tried to make payment arrangements with WF, but they were of course unreasonalbe and then I got laid off. I'm working now, but can't afford 8K and it they garnish my check, I'm in trouble. I'm trying to sell my car to hopefully offer them 1/2 of the balance, but I don't know if that will work. Any advise will be apprecaite as I'm losing sleep with the stress and anxiety.