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Question on Proper filing of paperwork on lawsuit


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Hi,

I am VERY new to this forum so if I am asking questions that has been asked and answered a million other times I apologize in advance.

My husband got served a summons for an unpaid credit card. The plaintiff is Citibank represented by Lustig, Glaser and Wilson, P.C.

All that he received was an Affidavit of the Debt (which was unsigned)

No Questions or Interrogatories.

The Complaint had 3 items - 1st the name of the plaintiff, 2nd the name of the defendant (hubby), 3rd The amount due the plaintiff.

That's it.

I never did a vaildation of debt so I believe it is too late for that since the suit has begun.

Is a Sworn Denial an answer to the complaint?

Do I affirm, deny, or claim no knowledge as they apply to the 3 counts of the complaint?

What order do I file the documents in?

The Notice of Appearance

The Answer to the Complaint

The Sworn Denial

Should the Sworn Denial be sent in with the Answer to the Complaint?

How do I properly and legally submit the answers? Does it need to be certified mail?

Due to our financial situation we cannot afford an attorney so have to go this on our own. Any help will ge greatly appreciated!!!!!

:D

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Hi,

I am VERY new to this forum so if I am asking questions that has been asked and answered a million other times I apologize in advance.

My husband got served a summons for an unpaid credit card. The plaintiff is Citibank represented by Lustig, Glaser and Wilson, P.C.

All that he received was an Affidavit of the Debt (which was unsigned)

No Questions or Interrogatories.

The Complaint had 3 items - 1st the name of the plaintiff, 2nd the name of the defendant (hubby), 3rd The amount due the plaintiff.

That's it.

I never did a vaildation of debt so I believe it is too late for that since the suit has begun.

Is a Sworn Denial an answer to the complaint?

Do I affirm, deny, or claim no knowledge as they apply to the 3 counts of the complaint?

What order do I file the documents in?

The Notice of Appearance

The Answer to the Complaint

The Sworn Denial

Should the Sworn Denial be sent in with the Answer to the Complaint?

How do I properly and legally submit the answers? Does it need to be certified mail?

Due to our financial situation we cannot afford an attorney so have to go this on our own. Any help will ge greatly appreciated!!!!!

:D

st check and see if this is filed in your local court, is there a "case" number on the top of the document?

defendants answer to summons

your answer would be,

as to

1 ( admit name)

2 (admit name)

3 Responding Party objects to this on the ground that it is vague, ambiguous and in that Responding Party has to speculate as to the meaning

"the account."

4.and further DENIES every other allegation not previously admitted, denied or

controverted.

And as for affirmitive defences

As and for a First Defense

as and for a Second Defence , ect

Last Defence will be : Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

. attach your sworn denial to your answer,

( add your counterclaims here)

then add , state a claim upon which relief can be granted. (FDCPA/ state law)

will be something like this,

these claims based upon Consumer Protection afforded by FDCPA and state law 123

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.*

b. that the Ca pays you XX for violations

c, whatever the court thinks you should get back

d. what ever the state says you can get

ect

you name

address, inc state zip

phone number

date

defendant

_________________________________________________________________-seperate form Request for production of documents

or discovery of documents

Then you may ask for discovery, ask the court clerk for the rules of the court

here is your "dv" chance, to ask for thier proof of claims..some courts will allow a discovery request the same day you answer

____________________________________________________

File the above with the clerks office, bring three copies, have each stamped by the clerk. one stays with the court one you send CMRRR to the CA,

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Hi, Thank you sooooo much for your reply!!!!! :)

Yes, there is a Case number.

So I should admit to both names and then Object to the claim of the money due? It does specifically state the money is "due for money loaned to the defendant by the plaintiff on a Credit Card Account"

Would it be better to deny knowledge of it?

Do I first deliver the Notice of Appearance to the Court and send a copy to the Plaintiff's Attorney then file the answer?

Thank you again!!!!!!! This help is GREATLY appreciated!!

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Hi, Thank you sooooo much for your reply!!!!! :)

Yes, there is a Case number.

So I should admit to both names and then Object to the claim of the money due? It does specifically state the money is "due for money loaned to the defendant by the plaintiff on a Credit Card Account"

Would it be better to deny knowledge of it?

Do I first deliver the Notice of Appearance to the Court and send a copy to the Plaintiff's Attorney then file the answer?

Thank you again!!!!!!! This help is GREATLY appreciated!!

just because theres a case number does not mean it has been filed..make sure you check :?

Responding Party objects to this on the ground that it is vague, ambiguous and in that Responding Party has to speculate as to the meaning

"the account." and" Credit Card" & "Loan"

( geesh say ya had 2000 CCrds ,what CC are they talking about, what Loan? )

FIRST you take every thing to the court. the clerk will give you a form, notice of appearance/ Pro Se, you will mail one to the CA/ATTY, court keeps and you get one ( like yellow, green ,pink colors),

mail that, answer, ect THEN SEND together To the atty/Ca CMRRR, what this shows the Atty is, you FILED everything with the court( if you did your discovery request at the same time, clock start ticking ,) then the ball goes to them,and they only have X days to provided discovery...

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