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On June 8th I was served a summons for a complaint. The summons says I need to file an answer or response to the court within 20 days. I am very new to this don't go BK philosophy but if it will work I'll try it although in the end I still might have to go BK. Anyway for the most part I have been pretty much unemployed for the last couple years, I am in the tech industry, and now the creditors have caught up to me. All my debt that is remaining is of the CC (non-secured) type. What I have remaining is my Jeep and motorcycle, paid for. What my delima is that Colorado has a BK exemption of $3000 for motor vehicles and together mine would be $8000 aggregate. Therefore BK could cost me my only mode of transportation and if one of these CCs get a judgement on me it very well be the same. Don't know how I could get or sustain employment under those circumstance do to many reason but the biggest is I live where there is no such thing as public transportation and I'd have to be in either crazy and/or in damn good shape to ride a bicycle everywhere. Enough on that what I need to know is how to respond to a 4 C.R.C.P. Here is my info.

1. Who is suing you? Worldwide Asset Purchasing, LLC as Assignee of Direct Merchants Bank, N.A.

2. For how much? $15,885

3. Who is the original creditor? Direct Merchants Bank, N.A

4. How do you know you are being sued? Served Summons by Sheriff's Dept.

5. How were you served? Were you served? See 4

6. What was your correspondence (if any) with the people suing you before you think you were being sued? None

7. Where do you live? Eads, Colorado

8. When is the last time you paid on this account? Around 5/2004

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). As for now it appears to be step one for the CC requesting the court judgement if I don't respond. Initial Chargeoff was 1/31/2005.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No

12. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No

13. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Yes. Note the following. I truly appoligize if it is to much info.

1. Venue is proper in this County because the Defendant’s residence is located at

They put the wrong address in but the sheriff found me anyway.

2. Plaintiff is the holder of Defendant’s charge card account, number 5458001804111262, issued by DIRECT MERCHANTS BANK NA.

3. Defendant is liable to the Plaintiff for the itemized charges concerning the goods and services

purchased, and cash and credit advances obtained, through the use of charge cards issued by Plaintiffs assignor. The Defendant applied for credit from the Plaintiffs assignor DIRECT MERCHANTS BANK NA by requesting the issuance of the credit card. Subsequently, the Defendant was issued the desired charge cards.

4. Defendant, or a designee, obtained goods, services and/or credit through the use of the charge cards issued by the Plaintiffs assignor, at the request of the Defendant on account, for which the Defendant has failed and refused to pay the reasonable and value thereof.

5. The credit card and cardholder agreement specified that the Defendant was responsible for the payment of charges incurred on this account.

6. Thereafter, Defendant obtained goods and services through use of the charge cards issued by Plaintiffs assignor, but failed to make payment as billed on the outstanding balance as required by, and in breach of Defendant’s agreement with the Plaintiffs assignor.

7. Despite proper invoices being timely provided to the Defendant, the Defendant has failed and refused to remit to the Plaintiffs assignor the billed amounts.



8. The application for credit, including the terms and conditions contained therein, and the transactions between the Plaintiffs assignor and the Defendant, including use of the credit cards to obtain delivery of the goods and services by the Defendant, constitutes an express contract to reimburse the Plaintiffs assignor for the credit extended, and the Defendant is obligated to pay the Plaintiff the amounts billed.




9. Plaintiff incorporates by reference, paragraph 8 of the Complaint herein.

10. The delivery of the credit card to the Defendant and spouse or designee (if applicable), and the use of the cards by the Defendant constitutes an agreement, implied in fact, to pay the Plaintiffs assignor for the amounts billed.

11. The delivery of the credit cards to the Defendant and spouse or designee (if applicable) by the

Plaintiffs assignor, and the Defendant’s use of the charge cards, reasonably knowing that the Plaintiffs assignor intended to charge the Defendant therefore, constitutes an agreement implied by law to pay the Plaintiffs assignor the amounts billed.

12. Plaintiff is entitled to collect from the Defendant based upon the theory of quantum meruit.




13. Plaintiff incorporates by reference, paragraphs 8 through 12 of the Complaint herein.

14. By use of the credit cards issued by the Plaintiffs assignor, Defendant has obtained goods and services in the amounts billed for which the Defendant has not paid, and for which the Plaintiffs assignor has extended credit with the expectation of repayment. Defendant has therefore been unjustly enriched in the amounts billed, and Plaintiffs assignor has been subjected to unjust loss in the same amounts. Plaintiff is entitled to payment based upon the doctrine of unjust enrichment.

15. Plaintiff presented the Defendant with statements of the sums due from the Defendant, with

agreement between Plaintiff and the Defendant that the account was correct. Therefore, Plaintiff is entitled to judgment against the Defendant based upon the account stated.



16. Plaintiff incorporates by reference, paragraphs 8 through 15 of the Complaint herein.

17. In addition to the principal amount claimed by the Plaintiff, Plaintiff also seeks interest, pursuant to C.R.S. § 5-12-101, et seq., (as amended), at the agreed interest rate of twenty-one and twenty-four one hundredths (21.24%), per annum, compounded annually, from the date of demand through the date of this Complaint in the amount of $3,255.33, plus additional interest hereinafter at a per diem rate of $6.77 and attorney fees of $1,000.00 as contractually agreed to between the Plaintiffs assignor and the Defendant. Plaintiff reserves the right to amend its request for additional attorneys fees, as necessary to collect its claim.

18. The amount Plaintiff claims from the Defendant is $11,630.23, which represents the principal

amount of the account stated, plus interest of $3,255.33, and attorney fees of $1,000.00, for a total amount due of $15,885.56, plus Court costs.

WHEREFORE, Plaintiff prays for judgment to enter against the Defendant as requested, additional

interest from the date of this Complaint to the date of judgment at twenty-one and twenty-four one hundredths percent (21.24%) per annum, Court costs, and for such other, further and different relief as to the Court may deem just and proper in the premises.

Dated: May 27, 2006.

14. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? They attached a copy of a 3X5 card (promotion) that I signed in 1999 and a copy of the "Cardholder Agreement", which I assume was sent to me at some point.

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You need to file a responsive pleading within the time limit. THis means you need to file a Motion to Dismiss or an Answer.

In FL this complaint would not properly state a claim, so I would dismiss it. Some of the issues are:

1. Plaintiff does no allege sufficient ultimate facts to state a claim for an of the counts because P fails to allege any damages or that D was the cause of the damages.

2. P improperly realleges entire counts within subsequent counts which is a violation of Rules of Viv. Procedure.

3. P fails to allege ultimate facts indicating that this court has subject matter jurisdiction. (In FL you have to allege damages fall within a certain range in order to determine whther it is Small Claims, County, or Circuit Court)

4. P fails to allege sufficient ultimate facts to state a claim for any of its counts. (He doesnt allege the elements of Breach of Contract, Quantum Meruit or Unjust Enrichment)

5. In its UE claim, P alleges the existence of an express contract which is repugnant to the claim of UE. (In most jurisdictions, UE requires that there was no express contract)

Colorado may be a notice pleading state so some of these may not be reasons to dismiss. You would have to speak to a CO attorney or consult CO rules of Civil Procedure.

A Motion to Dismiss will probably stall the time you have to answer for a while, but the judge will most likely allow them to amend to fix their technical deficiencies. Eventually you will have to answer.

My suggestion is to keep filing Motions to Dismiss as long as the COmplaint is technically deficient because it costs the CC company more fees each time it has to go to a hearing and amend its complaint. It seems that they are only entitled to $1K in attorneys fees and they have probably already eaten through that figure. Make them pay a lot of fees and they will be in a mood to settle.

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Response to: They also failed to show that they had a loss, or how the balance was calculated. Did they at least show any statements?

Only the last one where they show the charge off.

Also, what did they pay for the account?

I have no documentation reflecting any buyout by the CA.

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In response to: A Motion to Dismiss will probably stall the time you have to answer for a while, but the judge will most likely allow them to amend to fix their technical deficiencies. Eventually you will have to answer.

I guess then the proper way to approach this is to come up with an answer. Otherwise is the jist to filing a motion directed at causing the CC to spend more and more money until they just drop the whole thing and leave me alone.

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Yes, you need to either file an answer or a MTD.

Check two things-

1. Is CO a "notice pleading" state. I doubt it is. THerefore they will have to plead all kinds of elements for each Count.


Breach of Written Contract

1. A contract exists and a copy is attached;

2. D breached contract by (must state facts as to how you breached)

3. D's breach caused P damages.

4. P performed all conditions precedent required to bring this action. (this may just be an element in FL)

Quantum Meruit

1. P & D entered into a contract

2. P conferred a benefit on D

3. D had knowledge of the benefit and accepted it

4. D knew or should have known that P expected payment

5. D retained the benefit under circumstances that make such retention unjust.

Unjust Enrichment is the same as QM but there can not be an agreement.

They did not allege these elements. If they are required to allege such "ultimate facts" then their Complaint if deficient.

Keep filing MTD until they get it right. THis causes the attorney to expend more fees which are chargeable to the client or cut into his profit on a contingency deal. The state law only allows him to recover $1K in fees from you. That gets eaten up preparing for and attending one or two hearings. That makes this case harder to win and less lucrative to pursue.

I don't know what your financial position is, but if you are successful in getting a hearing, during any settlement negotiation that ensue, let the opposing attorney know that you intend to take depos and ask for lots of discovery. Then, after his client has incurred lots of money in fees, you may just file CH7 and stick him with nothing.

That ought to at least make him think of settling to get rid of a pain in the a$$ debtor.

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As it turns out Colorado is a notice pleading state. Talked with 2 attorneys today and man do I get conflicting advice in the terms of BK7. One says I should be able to keep my autos because I use them for work and their value together is not over 10K. The other says no it doesn't quite work that way and in the end I asked him why is it so difficult for you attorneys to give me a straight answer. He said it is because it all rests on the trustee and how far he/she is willing to go at you. And all this time I thought stuff like this was straight and narrow just to find out a trustee, for what ever reason, can make or break you. Anyway I'm still investigating the best way to just go after these creditors and avoid BK for now. With the state being notice pleading it makes it more difficult. At least as I see it now that I actually know what that means. Are there any good websites that have sample responses, to issues like this, for legal issues regarding answers to complaints from a debtor ? I noticed there are vacating judgement samples but I haven't gotten the judgement yet and am wanting to give this creditor one heck of a time. I'm 2.5 hours away from where the suing attorney is at so travel time to court alone is going to rack some money up for the CA.

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