jjbtrcrdt Posted August 28, 2007 Report Share Posted August 28, 2007 Hello, I appreciate your assistance in this.I received a summons from a collection agency last month. I had not heard from them via mail prior to this. If they did call, there was no reference to this claim. Once I received the summons, I replied with a DV (both to the credit burros and the original creditor as well as the attorney for the creditor). I received a response back today that reads the plaintiff denies the allegations set forth any allegations not specifically admitted are hereby denied.It goes on to state affirmative Defenses:Defendant claims fail to state cause of action and are barred by the applicable statue of limitations.Defendants claims are barred by the doctrine of waver and/or Estoppel.Defendants have failed to mitigate its damages, if any.Defendant's claims are barred by intervening or superceding causes beyond plaintiff's control.The defendants damages, if any, were covered by persons over which plaintiff had no control. Defendants damages, if any, were covered by its own breach of the agreement or negligence, therby, barring any recovery.Wherefore, the plaintiff requests the defendant's counterclaim be denied, for an award of its attorney fee's and cost to defend this matter and such other and further relief as the court seems proper.What just happened? In answer to the summons, I requested this debt be validated. What is this? It was not a counter claim, except to say validate or remove from credit file. My court date is next tues? Please can someone explain to me what this is, it is not a validation, (I still have not received that as of yet- from anyone). What do I do from here?Thank you. Link to comment Share on other sites More sharing options...
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