newbie here, advice/answers sought

[kyhick]

Let me first say how lucky I am to have found this site. I have learned so much in so little time. Kudos go out to everyone!!!

A little background:

Location-Ky

sued by jdb

received complaint, filed answer(just a general denial-before I found this board)

received offer to settle if I paid xxx.xx, agreed judgment order(no intentions to sign), and the standard pack(admissions, interr, prod. of docs)

My questions/advice sought:

Since I just filed a general denial and didn't list any affirmative defenses, should I try to amend my answer(It seems I will need the ok of plaintiff or the court)

Attached to their complaint was (exhibit a) a generic copy of a credit card agreement(it does have a stamped date on it) however unless I go out and buy a magnify glass, it's just about unreadable. If/how do I address this? Motion to strike? Motion to dismiss based on it ?

Complaints, ect. states this attorney is a debt collector. I never received any communication from them prior to complaint. They ask in admissions to admit "demand has been made for payment before suit" or to that effect. Since I never received anything from them prior to the suit, I assume it's because they had the wrong address on the summons, would this be a violation of the fdcpa(30 day dv notice). Can I use this as a counterclaim/leverage in any settlement

In my answer to their complaint I requested debt validation. I received another copy of "exhibit a" unreadable like the one attached to their complaint, and a printout titled "transaction history"

Any help would be greatly appreciated.

Thanks

[montanatim]

Welcome KYHICK,

If you can afford to hire an attorney that is the safest route, if your going pro se;

First, is this your debt?

Now, if you can file an amended answer, I certainly would, don't expect the plaintiff to agree, if it is allowed by your rules of civil procedure at this time with court approval, seek that approval.

There is no proof that this card agreement was signed by you is there?

Check your state code to see what it takes to make a valid contract in your state. In my state, an acceptance of terms can be implied by performance.

You'll need to have your nose buried in the code and RCP for awhile.

The way I see it, they have to prove that they are the legal successor in interest/assignee.(chain of title) to have standing to sue. Scour your code and find what they have to show to have a valid interest, again in my state they have to show documents from the OC transferring interest to them by statute.

Remember the statute numbers to cite them when need be. If your not sure what a statute means look up (search) that statute in your states appellate and supreme court opinions to see what the arguments were and how they interpret it. If you find opinion that fits your case then write that down too so you'll have case law to cite.

Check the sticky's above this forum for admission/interrogatory answers.

admit the ones that are obvious, name,address, left arm missing, etc. Deny the ones that you truly can such as-They ask in admissions to admit "demand has been made for payment before suit" or to that effect. DENIED. If that's true. Remember that if you are called on to ADMIT or DENY something, and you do not deny it with some derivative of that word, it will then be deemed admitted as a fact before the court.

Have you come up with your own discovery requests? Might think about that,what would you like to see/know?

FDCPA.....The first communication from a debt collector can be a summons/pleading. I have not heard how the whole DV thing pans out in these cases. It has been sparsely discussed here, and I don't remember there being any definitive answer, as to how the courts are dealing with this. I also have not bothered to research it as yet.

Digest this and come back with anymore questions, there are lot's smarter folks on this board who will correct me (I hope) and fill in the blanks for anything I muffed or left out.