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Summons


siaan
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I recently received a summons to appear in court on Dec.7. When I say I recently recived this summons it was exactly Nov. 18 @ 2:00 in the afternoon. The summons is from a collection agency Colonial Credit corp for credit card debt thru Direct Merchants bank.

I have tried contact a lawyer in my area... have not received a

response from anyone. Time is of the essence and I need ABC guidance on what I need to do. I do plan to appear in court because it clear if I don't show this will be filed as judgement in default and post to my credit report.

Summons letter states I need to submit a letter to clerk of the court within 10 days thereafter.

what does this mean??? 10 days after my court appearance or 10 days after the summons was delivered to me, 10 days after this petition was filed... I am confused here?

I do plan to dispute this judgement

1. i don't want this on my credit report

2. I don't owe it

How do i formulate my dispute so I dont look stupid and what should I expect?

since I have not been able to get legal advise locally I am on my own with this.

Thanks,

siaan

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Okay, I have read thru the information and I have completed my appearance/answer. I am stuck on the affirmative facts and defenses. I just went thru all my credit reports from the begining of time trying to locate this credit. I finally found it in my Equifax report and Experian. (nothing listed in Trans Union by the way-odd???) On each of the experian and equifax reports all show different date of last payment dates... ranges from 11/2003, 2/2003, 2/2004,.... okay so if I reside in the state of kansas credit card debt collections is 3 years from date of last payment then they are tapping against the wire to post judgement against me to collect on this debt asap-wouldn't you say? However by what dol date-? 11/2003, 2/2003, or 2/2004. Do you think it would be appropriate to list this as my affirmative/defense comments-that the statue of limitations on collecting on this dept has expired in accordance to the laws for the state of kansas. Also if they cannot verify the correct dol date with the original oc then this case is closed? Or will they continue to pursue this judgement? If this comes back that the dol is 2/2004 they have 3 months to continue to harrass me on this debt right? sorry to continue running on... i have contacted so many attorney's in area and all of them don't have any sound advice to aid me in properly expediting these forms.

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Here are some other defenses:

1. The court lacks personal jurisidication over the defendant ( improper service);

2. The complaint fails to state a cause of action against the defendant

3. The action is barred by the Statute of Limitations

4. The statute is barred by the Statute of Frauds

5. The plaintiff lacks standing to bring the action

6. A judgment on the complaint would resuilt in unjust enrichment ( if they are claiming the Providian rate, which they cannot alsways do)

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  • 1 month later...

I have went to court several weeks ago. Plantiff was present to whom I spoke with and advised him that the creditor must provide substaniating proof that debt is mine. I just received a mailing from the plantiff addressing first request for admissions and first set of interrogatories. Each of these has a series of requests or interrogatories that require a response.

Is this in response from the Plantiff that I wanted proof of this debt being mine or is this a response from answer on the inital summons I submitted when I received the judgement?

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This is Chapter 61?

Here is a list of items listed on both admissions and intergaratories:Petition of Account

These items are what was listed a defense in my answer to this judgment.

After looking at these documents together. I now assume are the interrogatories that the plaintiff is now requesting a response on?

1.Plaintiff Colonial Credit Corp a corporation assignee of Hilco, assignee of Direct Merchants bank is a corporation duly organized and existing under law. How do you respond:

3. Defendant is indebted to plaintiff on account of Master card credit provided by Plaintiff to defendant at defendants request in the sum of xxxx.xx. Response: Plaintiff has not provided substantiating documents to prove this credit card was mine.

4. The charges on said account are reasonable. How do you respond:

5. After all offsets and credits due defendant there remains a total balance on said account in the amount of xxxx.xx. How do you respond :

6. The above balance was due and the demand for payment was made on before may 6, 2004. My only response to this is that I have not received any requests for payment from Direct Merchants, Colonial credit corp. or Hilco.

Here are list of the Plaintiff’s first request for admissions:

1:Plantiff and its predecessors in interests entered into an agreement for the extension of credit from plaintiff to defendant. Response:

2.Defendant breached said agreement by failing to make payment to plaintiffs as required by the agreement. Response:

3.Defendant had direct merchants bank credit card bearing the account number xxxxxxxxxxxxxx: Response:

4.Defendant presented said credit card to merchant in exchange for goods/services. Response:

5.Plaintiff has performed all plan tiffs obligations under this agreement. Response:

6.Defendant received itemized monthly statements from the plaintiff. Response:

7.That demand for payment has been made and payment has been refused: Response:

8.Defendant agreed to pay as per the terms of the agreement and remains indebted to the plaintiffs for the amounts requested in the plan tiff’s petition. Response:

9.The amount charged for the services/goods provided by the plaintiffs is reasonable. Response:

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There are a number of confusing points in your posts.

The summons would have contained a time and date for your answer hearing. You would be required to either enter an answer by that date, or appear at the hearing. Have you already filed an answer and provided a copy of the answer to the plaintiff's attorney?

You keep mentioning judgment. Have they already obtained a judgment?

You mention you already appeared in court. For what purpose and when?

Sounds to me like you've got 2 different lawsuits going on.

SOL on a bank credit card in Kansas is 5 years.

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I don't know Kansas law, but Notices of Admission are not used for short-cuts to the ultimate facts.

I might dimply DENY each of the statements, preceeding it with a statement that says " Defendant objects to this Notice as they inappropriately ask defendant to admit disputed material facts."

Admissions usally have a shorter return time, s be quick.

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I don't know Kansas law, but Notices of Admission are not used for short-cuts to the ultimate facts.

I might dimply DENY each of the statements, preceeding it with a statement that says " Defendant objects to this Notice as they inappropriately ask defendant to admit disputed material facts."

Admissions usally have a shorter return time, s be quick.

Such requests are appropriate under Kansas law in a chapter 61 case. If an objection exists, the OP must notify the plaintiff and schedule a hearing for the court to hear the objections within 10 days of the date of the requests.

Limited action cases are very streamlined and move quickly in Kansas.

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There is no confusion.From my original thread my court date was Dec. 7. I have already submitted my answer to the plantiff and court. Now I have received the plantiff first request of admissions and plantiffs first set of interrogatories. I need to respond to these two requests within 15 days and I need advice. No judgement has been placed on this case this is one case. I may have replied on a previous thread. Maybe that is your confusion.

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Here are list of the Plaintiff’s first request for admissions:

1:Plantiff and its predecessors in interests entered into an agreement for the extension of credit from plaintiff to defendant. Response:

Assuming the plaintiff is the CA and you never entered into an agreement with them, this should be denied.

2.Defendant breached said agreement by failing to make payment to plaintiffs as required by the agreement. Response:

If #1 is denied, this should also be denied.

3.Defendant had direct merchants bank credit card bearing the account number xxxxxxxxxxxxxx: Response:

Can you recite your credit card number from memory? If not, you lack sufficient knowledge in order to accurately admit or deny, therefore to the extent an answer is required you deny.

4.Defendant presented said credit card to merchant in exchange for goods/services. Response:

What merchant are they referring to? The question is vague and therefore you cannot answer accurately and deny.

5.Plaintiff has performed all plan tiffs obligations under this agreement. Response:

You have no first hand knowledge of any performance by the plaintiff sufficient to form an opinion as to the accuracy of that statement, therefore you deny.

6.Defendant received itemized monthly statements from the plaintiff. Response:

Assuming the plaintiff is the CA and you never received monthly statements from the CA, this should be denied.

7.That demand for payment has been made and payment has been refused: Response:

Assuming that's true, admit.

8.Defendant agreed to pay as per the terms of the agreement and remains indebted to the plaintiffs for the amounts requested in the plan tiff’s petition. Response:

Which terms are they referring to? The question is vague and therefore you cannot answer accurately and deny.

9.The amount charged for the services/goods provided by the plaintiffs is reasonable. Response:

Reasonable by what standards? You lack sufficient knowledge as to their definition of reasonableness and therefore deny.

You'll also request in each answer that the plaintiff provide strict proof of their assertions if they believe them to be true.

Have you put together your discovery requests? You must do so immediately and send them to the plaintiff's attorney. They are not required to produce any documents at trial that were not requested during discovery.

Among other things, you'll want evidence of the CA's authority to operate as a supervised lender in the state of Kansas under K.S.A. 16a-6-102.

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Thanks for the response. Lastly does this need to be sent to court or just the plantiff? They sent me 3 copies of the first set of interrogatories and 3 copies of the first request for admissions. I have mailed the plantiff their copy I just want to make sure I followed thru as neccessary.

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Thanks for the response. Lastly does this need to be sent to court or just the plantiff? They sent me 3 copies of the first set of interrogatories and 3 copies of the first request for admissions. I have mailed the plantiff their copy I just want to make sure I followed thru as neccessary.

The original is to be sent to plaintiff's counsel of record, and a copy to the court clerk.

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