I have received a civil summons and I need some help please!!!

[NancyM]

As I stated I have already received a civil summons. I was reading information on the site about how to ask for:

1) Proof that the collection company owns the debt/or has been assigned the debt.

2) At a minimum, some account statements from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor.

3) How did they calculate this debt? What fees/interest has been tacked on to this debt and how they determined these fees?

4) Copy of the original signed loan agreement or credit card application.

(Your contract with them establishing the debt between you.)

The summons gives me 20 days to make a written defense. So, my question is since I've received the summons can I use the above things as a defense.

Also, this debt is from a credit card. The company that has filed suit is

Federated Financial Corporation of America. Is this a collection company?

I will truly appreciate any help you can give me.

Sincerely,

NancyM

[unusualsuspect]

Two things:

1. Your written defense-- basically this is where you deny each and every assertion that the plaintiff makes to the court. This must be in proper legal format (follow the format on their complaint).

2. The things you are asking will be covered in discovery. So that is a separate motion that you will have to make.

These are the basics. If you have any technical questions, see a lawyer in your area.

[NancyM]

UnusualSuspect, you are speaking a different language to me. Could you go into a little more detail as I have never been thru this before. I was wondering about the things in my first post and using them for a defense? Do I have the right to request the payment, and interest history?

Thanks,

NancyM

[Guest Jary]

First read your Summons/Complaint does it state that you must file an Answer with the court within 20 days of your receipt of the Complaint? If yes, search this forum for examples of how to answer a Summons/Complaint.

This is what I used for my Answer: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=265549

After filing your Answer with the court you can (if your Rules for Civil Procedure in the State you live in allow) start a Discovery by sending the Plaintiff a Request for Production of Documents - make sure you read the Civil Procedure Rules for the state you live in to see how you should file you answer and also how to setup and if you are required to file the Request for Production of documents with the court.

This is what I used for my Request for Production of Documents:

USUAL COURT HEADING

THEN:

Defendant's First Request for Production of Documents from the Plaintiffs

Pursuant to Rule XX OF YOUR STATE Rules of Civil Procedure, the Defendant hereby requests that the Plaintiff, XXXXXXX to produce at YOUR ADDRESS for inspection and copying the documents specified below pursuant to the following instructions and in accordance with the following definitions.

INSTRUCTIONS

1. You are required to serve a written response to this Request within 30 days after service, except that if you are a defendant you are not required to serve a response until 45 days after service of the summons and complaint upon you. Your response must state, with respect to each item or category, that you will produce the documents or tangible things requested and that inspection and copying, testing, or sampling will be permitted as requested unless you object to the Request, in which event the Request must be objected to and the reasons for the objection must be stated as set out in Instruction 5 below. If objection is made to part of an item or category, the part objected to must be specified and the remainder of the Request granted. The written response is due within 30 days after service of this Request. It is important that your written response be served promptly so that any objection or claim of privilege may be resolved in advance of production.

2. You are required to produce and permit inspection and copying of every requested document that is in your possession, custody, or control or that is in the possession, custody, or control of your principals, agents, employees, attorneys, representatives, insurers, any persons or entities acting or purporting to act on your behalf, and any other persons or entities in active concert and participation with you, whether past or present and without regard to whether their relationship with you currently exists or has been terminated.

3. You are required to produce pursuant to this Request every requested document currently known to you and every requested document that can be located or discovered by reasonably diligent efforts.

4. You are required to produce pursuant to this Request the original of every requested document and any copies that have been altered in any way or that contain on their face additional markings, comments, or information. If the original of any document is not available, the most legible copy should be produced.

5. You are required, if you object to the production, inspection, or copying of any requested document on the ground of privilege, work product, trade secret, or on any other grounds, to state for each such document: (i) its customary name or description and its identifying number, if any; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who received the document or any copy thereof; (v) a summary of its substance; (vi) the name and address of each person or entity who has possession, custody, or control of the document or tangible thing or any copy thereof; and (vii) the precise nature of the objection made and a complete description of all facts, if any, upon which the objection is based.

6. The documents to be produced pursuant to this Request must be produced either as they are kept in the usual course of business or they must be organized and labelled to correspond with the categories in this Request.

7. You are required, if you are unable to obtain any document required to be produced pursuant to this Request because the document is in the possession, custody, or control of any other person or entity, to state for each such document: (i) its customary name or description and its identifying number, if any; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who has possession of the document or any copy thereof; (v) a summary of its substance; (vi) a description of the efforts taken by you to obtain the document; and (vii) the reasons, if any, given by the person or entity in possession, custody, or control of the document for not providing it to you.

8. All attachments to any requested documents that are stapled, paper clipped, or otherwise affixed to documents must be produced and must be attached to the document to which they relate.

9. Unless otherwise specified this Request for production covers all of the documents that were produced or in existence at any time during the period beginning 2000 to current date, e.g., the date your response to this request is served.

DEFINITIONS

(a)“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or circumstances by which it was destroyed.

( “Plaintiff” refers to each party to whom this Request is made and any of their principals, agents, employees, attorneys, representatives, insurers, and any persons acting or purporting to act on their behalf, and any persons in active concert and participation with them, whether past or present, without regard to whether or not the relationship currently exists or has been terminated.

REQUESTS FOR PRODUCTION

1. The alleged credit application from “”Account”” bearing the Defendant’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $XXXXwas calculated;

4. A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that Defendant had an outstanding debt related to alleged “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt;

9. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant;

11. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or “”Account””;

12. All DOCUMENTS relating to any communications between Plaintiff and Defendant with respect to the alleged “”Account””;

13. All DOCUMENTS relating to any communications between Plaintiff and Original Creditor with respect to the alleged “”Account””;

14. All copies of charges slips signed by defendant, with the original creditor.

This theXXX day of XXXX, 2007.

YOUR NAME

Address etc

CERTIFICATE OF SERVICE

I certify that the foregoing Request for Production of Documents was served on the plaintiff by depositing a copy thereof in a depository of the U.S. Postal Service, by way of certified mail, addressed to the following:

Scum bag attorney

address

[Strawberry Bird]

Nancy do not panic. First things first. As unusualsuspect said right now just worry about answering, also include your affirmative defenses. If you don't state the defenses you lose them.

Basically to start with, you will admit (things like your name and address), and then either deny or not enough knowledge statement on the remaining items listed in the Complaint..

Then your affirmative defenses. Look for samples on here (search the term). They are basically direct sentences or very short paragraphs that state defenses. You do not need to add evidence or arguments at this time.

If you understand Counter Claims then add those as well.

Don't worry just yet how you will prove it, or what you will be asking for.

The ONLY other thing to consider BEFORE answer is if you have a solid Motion to Dismiss. If so, then do that before the answer and wait until the Judge says Ya or Nay.

Check Your States Rules for Procedure for how things need to be formated etc.. How the process works, etc. Sometimes the Court Clerk can be helpful.

Take a deep breath..

[Strawberry Bird]

As I stated I have already received a civil summons. ....................................

Sincerely,

NancyM

Nancy you asserted that you posted somewhere regarding this summons, but I looked and have yet to find more than 3 posts from you. You need to give enough info so we can at least direct you. You mentioned in the other post that you do NOT owe the money. What are the details ... ?

There is a thread in the sticky area that has a bunch of questions for you to answer so that we can perhaps help you. (for what that's worth!

SB