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I am being sued by Gugliemo & Associates who supposedly took an assignment of debt from Cap One. I received the summons on the 8th of August, filed me answer on the 25th of Aug. I had until the 28th to file the answer according to the 20 calendar day time frame. On the 27th, I received an Application for Default and Entry of Default from G&A that was filed in the court. Dummies didn't even wait for the time to expire. Yesterday I received my court day from the court for November 23 and now need to work on my discovery letter. I just wanted to post my letter that I used to answer for anyone who chooses to use something from it. I will keep you updated on how the case goes. After reading all of the posts and getting all of this wonderful and enlightening information, I am feeling very confident about fighting these idiots.:)

Maricopa County Justice Courts, State of Arizona

NORTH VALLEY JUSTICE COURT 14264 W. Tierra Buena Lane, Surprise, AZ 85374-7419 602-372-2000

LVNV FUNDING,LLC

Plaintiff,

vs.

************

Defendant(s)

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) Case No.: C**********

Answer

Now comes Defendant(s), ****************, Pro Se, who denies the following paragraphs of Plaintiff's Complaint:

1. Defendant(s) concedes jurisdiction to this court.

2. Defendant(s) denies the allegations contained in Paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant(s).

3. Defendant(s) lacks knowledge about the truth and therefore denies allegations contained in Paragraph 2.

4. Defendant(s) denies the allegations contained in Paragraph 3, as Defendant(s) are without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

5. Defendant(s) is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 4 of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.

6. Defendant(s) is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 5 of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.

7. Defendant(s) is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6 of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.

8. Except as otherwise admitted or qualified herein, Defendant(s) denies each and every allegation in the Complaint and puts Plaintiff to its strictest proof thereof. Defendants note that this denial is due, among other things, to multiple allegations within a single paragraph of the Complaint.

Defendant(s) other affirmative defenses are as follows:

1. The Plaintiff failed to name the real party in interest.

2. Defendant(s) does not consent to or ratify any assignment of the debt that is the subject of the Complaint, or any portion of it.

3. The Plaintiff failed to state a claim upon which relief can be granted.

4. Defendant(s) was not notified of any assignment of the debt that is the subject of the Complaint.

5. Plaintiff’s Complaint is time-barred Pursuant to A.R.S. § 12-543.

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

7. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

8. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant(s).

9. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized

by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed.

10. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of Arizona, solicit the right to collect or receive payment of a claim of another.

11. The Complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the State of Arizona as required per A.R.S. § 6-704.

12. Defendant(s) claims Accord and Satisfaction as Defendant(s) alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff.

13. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt, for which Plaintiff failed to reference an account number in their Complaint.

14. Defendant(s) reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

WHEREFORE, Defendant(s) prays that the court take nothing of Plaintiff's Complaint by virtue and dismisses the complaint with prejudice.

Defendant Date

Defendant Date

I CERTIFY that I have mailed a copy of this ANSWER on this same day to:

Attorneys for Plaintiff

Guglielmo & Associates

3040 N. Campbell Avenue Suite 100

Tucson, Arizona 85719

Defendant

Defendant

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"This court lacks jurisdiction to adjuticate the matter because the parties involved may have exercised the underlying arbitration clause."

Make sure you attack lack of proper notice on assignment, any alleged assignment as ineffective, and lack of any other state law oriented required consumer notices before suit is file. (may have to go to courthouse to check pleadings of good consumer attorneys in similar cases where they win.)

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