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Constructing an answer with no complaint


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Hello All,

I've been reading through these threads about how to construct the answer to my summons. Right now I'm at a loss because many of the answers I have found here are in response to a complaint. I only received a summons with a very simple statement similar to this one posted by Survival in another thread:

"goods,services,arbitration award,or monies advanced or loaned to Defendants for which payment has not been recieved as evidenced by the sworn account attached hereto in the sum of $xxxx plus interest at rate of xx% APR,attorney fees if provided by contract & the costs of this action"

The only other thing attached was an affidavit by a Cap 1 employee or associate.

One thing I've considered doing is filing a sworn denial as this will nullify the affidavit they attached. I'm also interested in including the arbitration route and to question SOL in VA (where Cap 1 is) where I believe SOL have to run out (last payment I recall was in 2006).

When I question SOL do I specifically mention VA even though I'm in TN? Or do I bring that up at the court?

I also want to challenge their lack of producing a contract or card member agreement. BUT in TN there is no discovery, so it's very unclear what is required. Someone suggested I need to look into what state law requires them to send with the summons. So far, I have found nothing concrete about what is required, and in searching this forum I see at least 2 other people who have gotten the exact same things I've gotten in this state. Thus far, it would seem TN is not a consumer friendly state as it does not allow for discovery and other things.

Any help you guys can offer would be greatly appreciated. I want to get this answered this week, as Thanksgiving is sure to slow things down.

Also, if anyone knows how I can get the date to appear in court moved, that would be a big help. I have a major exam that day that can't be missed. I think I have to go to the courthouse and ask based upon my research so far. My county has zero resources online. It's so frustrating.

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