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HELP! Need Opinion to answer a single alegation must file answer today!


goodguy2
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Hi Folks

Thank you for reading my post. Any advice Greatly appreciated!

Zwicker representing AMEX as original CA served me and I need to reply by today. I am not sure how to answer this one allegation:

7) The Defendant subsequently failed to make payments under the terms of the Cardmember agreement.

How do you like these two answers?

To the extent that i may have had a cardmember agreement. I Deny that I failed to make all payments.

or,

Deny, as to no proof of said agreement exists. Deny that I failed to make any payments.

So.................Do I deny that I have the agreement or does that screw me for requesting aribitration during or before discovery?

Any proper wording advice appreciated !!!!!!

thank you! !!!!!

need to get to court and file within 2 hours 8]

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Try this:

Deny- Defendant has not been provided such proof, nor has Plaintiff established there was a default on an agreement.

pretty good :) Thank you!

So saying proof not provided I can still use the credit card agreement in discovery later? or am i saying i don't have it?

or will they just submit the agreement to court for a summary judgment?

not used i used the correct language sorry 8]

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Well looks like they got my answer and responded with a motion for default judgment because I responded late.. Only good thing is they did drop Jane Doe. :rolleyes:

But I did respond to the summons within the time limits. I hope the process server does not lie about that. :(

What do I do now? :?:

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Have you gotten a copy of the file from the court? If not do so ..

Look specifically for the Affidavit of Service doc .. That is supposed to be filed by the server once service has been perfected.

It will contain all the pertinent info re: the service (who,when,where etc) but most importantly the date ..

IIRC your time clock for filing your answer begins once you have been served - not when the case was filed ....

Did you have your copy of your answer time stamped by the court?

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Well looks like they got my answer and responded with a motion for default judgment because I responded late.. Only good thing is they did drop Jane Doe. :rolleyes:

But I did respond to the summons within the time limits. I hope the process server does not lie about that. :(

What do I do now? :?:

What's the timeline?

In AZ you have 20 days to respond to a complaint from the day you were served. This 20 days includes weekends and holidays but does not include the day of service. If the 20th day falls on a weekend or federal holiday, it extends to the next business day.

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The norm seems to be 20 days if personally served - 30 days if not ..

But you will need to research your rules for that to be certain ..

As I said the AOS will have the date you were served on it ...

Your answer should have been time stamped by the court ...

Did your answer include any ADs?

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Have you gotten a copy of the file from the court? If not do so ..

Look specifically for the Affidavit of Service doc .. That is supposed to be filed by the server once service has been perfected.

It will contain all the pertinent info re: the service (who,when,where etc) but most importantly the date ..

IIRC your time clock for filing your answer begins once you have been served - not when the case was filed ....

Did you have your copy of your answer time stamped by the court?

yeah i have mine time stamped. i guess i go to clerks office monday for affidavit of service.

hope the dates jive :shock:

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What's the timeline?

In AZ you have 20 days to respond to a complaint from the day you were served. This 20 days includes weekends and holidays but does not include the day of service. If the 20th day falls on a weekend or federal holiday, it extends to the next business day.

pretty sure i made it on day 20. checking with clerk on Monday

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What's the timeline?

In AZ you have 20 days to respond to a complaint from the day you were served. This 20 days includes weekends and holidays but does not include the day of service. If the 20th day falls on a weekend or federal holiday, it extends to the next business day.

checkin' Mon.

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If you denied and asserted affirmative defenses, they should not get default with an answer on the table.

If you really want to be sure, exercise the arbitration clause. That will stop default or SJ cold!

yeah going to use this eventually, like to keep the big stick handy :)

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If you got your answer in by the COB on day 20, you are fine...

They probably applied for a default as a matter of procedure. In all likelihood, it will be rejected by the court.

I like to file all my stuff on the deadline... it really pisses off the other side.

:lol: I'm with you on that ...

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