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Question re: wording of Answer to Complaint


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What is the best way to answer?

Does it makes more sense to type out the individual paragraphs exactly as stated in the complaint & then agree or deny Or - Should I just type my own statements agreeing or denying?

The complaint is fairly simple

1. my address, etc.

2. that I opened acct. & owe $xxxx

3. a paragraph talking about how I would owe attorney's fees

I really want to take care of this tomorrow since my 30 days is up this Sat. so any help would be greatly appreciated.

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Well, they make it look like they represent the card co. I am just going to call the C.C. co. today & find out if this is the case. I know the debt was charged off in 2005. I don't want to totally deny opening the acct. esp. if it is in fact, the card co. that is the plaintiff. Obviously, they will have all the records proving that I had the acct.

If it is the card co. I was thinking I would agree that the acct. is mine but deny the amnt. I only have until Fri. to do this so I really need to get it all finished.

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IN THE STATE COURT OF _______ COUNTY

STATE OF GEORGIA

Credit Card Co.

Plaintiff CIVIL ACTION

FILE NO.

Vs.

xxxxxxxxx,

Defendant

ANSWER

Defendant Answers the complaint as follows:

1. I Agree that I am a resident of the county and that I am within the jurisdiction

of this Court. I Agree that I may be reached at the following address:

xxxxxxxxxxxxxxxx

2. The Defendant is at this time without knowledge or information sufficient to form a

belief as to the truth of the allegation contained therein, and on that basis generally and

specifically denies the allegation contained therein, and leaves the Plaintiff to provide

proof. Defendant demands strict proof thereof.

3. The Defendant is at this time without knowledge or information sufficient to form a

belief as to the truth of the allegation contained therein, and on that basis generally and

specifically denies the allegation contained therein, and leaves the Plaintiff to provide

proof. Defendant demands strict proof thereof.

AND

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or

Counterclaims at a later date.

Respectfully submitted,

xxxxxxxxxxx

_____________________

Defendant

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You should include other affirmative defenses, like SOL. Let the court sort out whether your previous state's or current state's SOL applies, or whether you are in a state where the choice of law provision of your contract can determine the SOL.

You obviously have not searched "graduated denial".

If it is who I think it is suing you, they just pretend to be the OC, but in reality is a CA committing fraud.

Get ready to fire off some discovery requests.

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I called the card co. today & they referred me to Ameritech/Ameritek -? & said they were handling this for them. I find this strange because I have not received anything from this place.

I searched graduated denial & only found where it was mentioned but no info. I tried again just now & found this - is this what you are referring to?

"Unless I can inspect document originals with my signature, I deny this claim is mine, If this claim is mime, I deny its still valid, if it is still valid, I deny the claim is for the right amount."

If this is what you mean - where do I use this in my answer? in every paragraph except the one that states my address?

Or do I make a section titled affirmative defenses & use this statement & a statement about the SOL?

Thanks in advance for any help.

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For the affirmative defenses, make it a different section.

For your sworn/graduated denial the idea is basically what you found. I googled it and this is what I found: "I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount."

You need to write an affidavit for your sworn denial, which is usually separate from your response. It is part of your evidence, so it is better if you keep it separate from your pleadings.

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ANSWER

Defendant Answers the complaint as follows:

1. The Defendant admits the allegations of paragraph 1 in the Complaint.

2. The Defendant lacks information sufficient to admit or deny the allegations

contained in Paragraph 2 of Plaintiff’s Complaint, therefore they are denied.

3. The Defendant lacks information sufficient to admit or deny the allegations

contained in Paragraph 2 of Plaintiff’s Complaint, therefore they are denied.

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

AFFIRMATIVE DEFENSES

As and for a First Defense

xxxx Law Firm has not proven that they were retained by xxxxxxx Bank as its representative in this matter.

As and for a Second Defense

Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

As and for a Third Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff’s Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As and for a Fourth Defense

Plaintiff’s Complaint violates the statutes of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

As and for a Fifth Defense

Defendant alleges that the granting of the Plaintiff’s demand in the complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than the Plaintiff is entitled to receive.

As and for a Sixth Defense

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.

As and for a Seventh Defense

Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of Attorneys’ fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

As and for an Eighth Defense

This action is barred by the Statute of Limitations

As and for an Ninth Defense

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or

Counterclaims at a later date (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

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