First Timer, a few basic questions on response to suit...

[simlaw]

Firstly, I want to thank everyone in advance - first time being sued!

I've read thru alot of the samples, and I think I have a pretty good idea on how I want to respond, my question is fairly simple -

Do I look at the summons/complaint by the CA/OC in a "vacuum" ? If they didn't provide complete account #, is it fair to say "I dont have enough info" ?

Overall, what I have seen in the complaint matches what I think might be valid, but they offered no evidence or attachments - even going so far as to say they "believe defendant has all the statements needed, to volumnous to attach". I also can't tell if this is the OC or a CA (plaintiff appears to be OC, I did recieve "one" notice from a CA, then they sued - debt is possilby 6 months since last payment)

Isn't it up to the plaintiff to provide the documentation for a lawsuit? Is it reasonable to say "Defendant is without knowledge or information sufficient to form a belief " as a default response?

In the interest of partial disclosure, if my assumptions about the suit are correct, its a small debt (~1500) , to a gas company credit card, that I believe I will be able to offer a settlement to the OC prior to an actual court date, but I do not want a default judgment. Even if I have to go to court, I still believe the onus is on them to prove the debt - irrespective of my knowledge. Part of my point here is that for the valid debt I am aware of, I do intend to settle it.

Am I close?

[DebtLawRookie]

If you intend to settle a $1500 debt that looks like it is still owned by the OC, then offer what you can afford and go from there. I wouldnt waste much time reading and learning from here if its that small and you have funds to settle.

[simlaw]

If you intend to settle a $1500 debt that looks like it is still owned by the OC, then offer what you can afford and go from there. I wouldnt waste much time reading and learning from here if its that small and you have funds to settle.

Is there a way to verify if it is still owned by the OC? I was under the impression that once a suit was started, I would have to deal with these lawyers, not the OC....

I dont have the funds to settle - yet - I chose a different debt ahead of this one that I felt was more likely to sue. Therefore, I need to respond to avoid the summary judgement, possibly get the time I need (between response and actual court date). Beyond that, There are other debts out there, so I need to be better prepared.

My main goal here, at this time, is to not allow them to get a default judgement- I would prefer no judgements on my CR if they can be avoided.

[OU812B4]

During discovery you can ask who owns the debt. Respond to the complaint first. Yes, you are correct, the burden of proof is on the plaintiff.

[momof5]

You can also rebutt the statement "believe defendant has all the statements needed, to volumnous to attach"....as "claims facts not in evidence."

How do they know you actually received those statements?

[simlaw]

ok - thanks so far - time to get a little more specific in my answers -

Plaintiff is listed as the OC - is signed by "Attorney for the plaintiff".

complaint count 1 money lent/money paid

1.) States I am the cardholder -

2.) defendant used -

3.) defendant promised to repay all -

4.) there is presently due -

5.) account records not attached becuase -

count 2: unjust enrichment

6) plaintif incorporates 1-5

7) def promised to repay entire unpaid aggregate balance

8) def knowingly retained the benefits

9) retention of the benefits confered under these cirs would be unjust without requiring def to repay

10) defendants have been unjustly enriched byxxxx as defendants should have known.

ANSWERS

In response to all claims, Defendant is without knowledge or information sufficient to form a belief - further, plaintif claims facts that are not in evidence.

DEFENSES -

1. (Law Office name) has not proven that they are authorized and licensed to collect claims for others in the State of ...

2. (Law Office name) has not proven that they were retained ...

3. (Law Office name) has not proven that xxx is the real party in interest ...

4. Plaintiff's Complaint violates the Statute of Frauds as the purported contract ...

5. (Law Office name) has provided no sworn statement ...

6. Defendant alleges that 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.

7. Plaintiff’s alleged damages are limited to real or actual damages only.

8. Defendant reserves the right to plead other affirmative defenses that may become ...

9. Defendant reserves the right to submit counterclaims

Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

(most of these defenses are straight from one of the stickies)

Is that pretty close?

Shouldnt there be a defense that says something to teh affect that evidence of the amounts have not been presented? or is that covered in "facts not in evidence" in the answer?

Should I add a disclaimer "defendant may change answers as evidence is presented?"

[admin]

You need to admit or deny each allegation.

[simlaw]

You need to admit or deny each allegation.

I don't mean to be dense or anything - so I need to specifically number 1-10 with my statement - "Defendant is without knowledge or information sufficient to form a belief"

Is it appropriate to put the "facts not in evidence" as part of those answers, or is that a specific defense? what is the proper wording of that?

Again, many thanks for the help...

[admin]

I'm not sure how proper it is to just say "items 1-10 lack evidence", meaning group them together. In any case, you need to specifically state that you admit or deny the allegations. "I Deny"