Done my homework, how is my answer to the complaint?

[cheezehed]

1. Who is suing you? AIS Services, c/o Pope & Levy Co., LPA

2. For how much? 2186.50 plus 10% interest since 2003

3. Who is the original creditor? Household Arbor

4. How do you know you are being sued? Received summons and complaint

5. How were you served? Were you served? Through certified mail

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? Ohio

8. When is the last time you paid on this account? 2003 I believe

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). I have a case number.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I didn't even know I should until I recently found these boards!

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

12. 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. If you don't respond to the lawsuit notice you will lose automatically. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Requires a response, did not include a questionnaire.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? A copy of a statement which has been altered to show AIS as the biller.

14. What is the SOL on the debt? To find out: 15 years in Ohio I believe.

I have done alot of research and reading, I have a few days left to file my answer. I thought I would post it here and see what you all think. Also, the Plaintiff is in a town almost 100 miles away. Can I send it to them rather than delivering in person?

[cheezehed]

1. Defandant(s) resides in, and all activities giving rise to the claims herein occurred in XXX county, Ohio. Plaintiff, AIS Services, LLC is the assignee of Defendant’s HOUSEHOLD ARBOR account, account XXXX.

2. Defendant owes Plaintiff the sum of XXX for money lent to Defendant via Defendant’s use of his/her credit card/personal loan issued to Defendant by HOUSEHOLD ARBOR.

3. which are attached hereto, and incorporated herein, as Exhibit “A”.

4. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to complied with such demand.

5. Defendant receifed benefit from HOUSEHOLD ARBOR providing said credit to him/her. Defendant breached the contract/credit card agreement with HOUSEHOLD ARBOR by failing to make payment on the credit card/personal loan account as required by said contract/agreement.

6. As a result of said breach, Defendant owes Plaintiff the sum of XXXX upon an account, copies of

7. Said credit was not conferred gratuitously by HOUSEHOLD ARBOR, HOUSEHOLD ARBOR expected Defendant to pay it for said credit, and as a result Defendant has been unjustly enriched, all in the sum of XXXX.

Wherefore, Plaintiff demands judgement against Defendant, jointly and severally if more than one, in the sum of XXXX, costs expended herein, and all other proper relief.

Signed,

XXX, LPA

I. ANSWER

Defendant answers the complaint as follows:

1. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraph 1, and leaves Plaintiff to their proof of assignment.

2. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 2 and 3, and leaves Plaintiff to their proof.

3. Defendant questions the validity of Exhibit “A” as being a copy of a statement, considered heresay, and therefore denies the statement in paragraph 4.

4. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 5, 6 and 7.

II. DEFENSES

1. Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

2. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

3. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

4. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

5. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

6. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

7. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

8. Plaintiff's alleged damages are limited to real or actual damages only.

9. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

III. EXEMPT INCOME

1. Defendant has been disabled since June 2005 and has applied for Social Security Disability benefits which have been denied. An appeal will be filed within the appropriate timeframe.

2. Defendant has applied for disability retirement benefits through their employer, which have not yet been approved or denied.

3. Defendant has no income at this time.

WHEREFORE, the Defendant requests that this lawsuit be dismissed with predjudice.

[admin]

1. Defandant(s) resides in, and all activities giving rise to the claims herein occurred in XXX county, Ohio. Plaintiff, AIS Services, LLC is the assignee of Defendant’s HOUSEHOLD ARBOR account, account XXXX.

2. Defendant owes Plaintiff the sum of XXX for money lent to Defendant via Defendant’s use of his/her credit card/personal loan issued to Defendant

by HOUSEHOLD ARBOR.

3. which are attached hereto, and incorporated herein, as Exhibit “A”.

4. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to complied with such demand.

5. Defendant receifed benefit from HOUSEHOLD ARBOR providing said credit to him/her. Defendant breached the contract/credit card agreement with HOUSEHOLD ARBOR by failing to make payment on the credit card/personal loan account as required by said contract/agreement.

6. As a result of said breach, Defendant owes Plaintiff the sum of XXXX upon an account, copies of

7. Said credit was not conferred gratuitously by HOUSEHOLD ARBOR, HOUSEHOLD ARBOR expected Defendant to pay it for said credit, and as a result Defendant has been unjustly enriched, all in the sum of XXXX.

Wherefore, Plaintiff demands judgement against Defendant, jointly and severally if more than one, in the sum of XXXX, costs expended herein, and all other proper relief.

Signed,

XXX, LPA

I. ANSWER

Defendant answers the complaint as follows:

1. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraph 1, and leaves Plaintiff to their proof of assignment.

I think you can admit that you know your name and address. You can deny knowledge that the Plantiff is the assignee of the OC, though

2. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 2 and 3, and leaves Plaintiff to their proof.

Good

3. Defendant questions the validity of Exhibit “A” as being a copy of a statement, considered heresay, and therefore denies the statement in paragraph 4.

Good, but also add that origin of the document is questioned and it is unknown whether it is a true copy, lacking an affadavit from the OC and THAT's why it is heresay.

4. Defendant lacks knowledge about the truth and therefore denies the statements contained in paragraphs 5, 6 and 7.

Good.

II. DEFENSES

1. Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

2. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

3. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

4. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

5. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

6. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

7. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

8. Plaintiff's alleged damages are limited to real or actual damages only.

9. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

Good.

III. EXEMPT INCOME

1. Defendant has been disabled since June 2005 and has applied for Social Security Disability benefits which have been denied. An appeal will be filed within the appropriate timeframe.

2. Defendant has applied for disability retirement benefits through their employer, which have not yet been approved or denied.

3. Defendant has no income at this time.

Good!

[cheezehed]

1. Defandant(s) resides in, and all activities giving rise to the claims herein occurred in XXX county, Ohio. Plaintiff, AIS Services, LLC is the assignee of Defendant’s HOUSEHOLD ARBOR account, account XXXX.

The problem that I had with the first line is that all activities giving rise to the claims occured in Ohio. I moved here from TX and have not had any credit dealings in Ohio at all. So I didn't want to admit to any action with credit in Ohio...if that would make a difference at all.

[cheezehed]

UPDATE: A week ago, I received a court date for March '07. Today I received a notice of dismissal! yay thank you all!!!

[cheezehed]

My question now will be: can I sue the ex-Plaintiff (I believe is a JDB) for anything?

[direred]

My question now will be: can I sue the ex-Plaintiff (I believe is a JDB) for anything?

Well, first off, was the dismissal with or without prejudice?