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Been Served, Finalizing my Answer...need som input.


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Below you will find my Answers and Affirmative Defenses. any Help would be nice.

Comes now the Defendant, KatrinaD, and for her answer to the Complaint States:

1. Defendant has insufficient knowledge to informatively admit or deny the allegations contained in paragraph one (1) pertaining to the plaintiff, therefore said allegations are denied and the Defendant requests strict proof.

2. Defendant admits she is a resident of Pulaski County, Arkansas.

3. the Defendant denies said allegations due to the fact that the card was stolen and that all charges on account are not legitimate.

4. Defendant denies said allegations. Defendant notified original card issuer of then when it was discovered that the card had been stolen, no accounting agreed to. (don�€™t know what that means, it was part of your notes)

5. Defendant denies said allegations. Defendant used the card, however, its theft was reported, charges incurred thru fraud are not the Defendant�€™s responsibility

6. Defendant denies said allegations. Defendant requires the Plaintiff to provide strict proof to support these allegations. Defendant also argues that Ohio decisions do not bind Arkansas courts.

7. Defendant denies said allegation. Defendant requires strict proof of assignment.

8. Defendant denies said allegations. Defendant requires strict proof of money paid. Defendant requires strict proof of Defendant�€™s signature on transactions.

9. Defendant argues that the affidavit provided by the Plaintiff fails to show CACH LLC purchased the account of the defendant, only that it purchased some �€˜9100�€™ accounts of persons unknown and unnamed.

10. Defendant has insufficient knowledge to informatively admit or deny the allegations contained in paragraph ten (10) of plaintiff�€™s Complaint, therefore, said allegations are denied.

Affirmative Defenses

Defendant pleads that Plaintiff's cause of action is barred by the 3 years statutory limit provided for by A.C.A. sections 16-56-105(1) and /or (3), as the action as pled seeks recovery based on contract, and/or theories of recovery based on implied/quasi-contract, and/or the theory of money lent.

Defendant pleads that Plaintiff has failed to state with particularity the transactions involving the revolving account its action is founded upon, and that lack of information greatly prejudices Defendants ability to properly and fully respond to the allegations with rigorous specificity. Defendant

therefor reserves the right to plead further in the event additional information is brought forward by. Defendant nevertheless pleads, based on her best information and belief, that the last non-fraudulent use of the revolving account, upon which Plaintiff bases this action, occurred on or

about 04/01/2004. Plaintiffs action was filed on 12/7/2007, a period of time being 3 years, 11 months, and 26 days. Defendant has taken no action which would toll the limitation period, and demands strict proof of all use of the revolving account. A.C.A. section 16-56-127 provides "the cause of action shall be deemed to have accrued from the time of the last item proved in the

account." Defendant pleads that over 3 years have passed since any provable use by her of the account has occurred, and that the action is, therefore,

barred under the statutes cited above. Accordingly, the action should be dismissed with prejudice.

Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

(this is a possible one since I no longer have my original statements...and when I asked for them...they didn't give them to me...)

plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control.

(the card was stolen)

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