Trueq need help / arbitration in Answer to complaint

[david9041]

Another question though ,

Dudley3874 is making his answer to the complaint , what he needs is a wording to put in his defenses about his arbitration , they have not given him a agreement , How can he word it so as to protect his arbitration rights without electing arbitration ? I told him to read your posts but I don't know if you have addressed that situation

[trueq]

AFFIRMATIVE DEFENSE #1: Plaintiff has not produced a copy of the contract alleged to be in breach.

AFFIRMATIVE DEFENSE #2: Plaintiff has concealed Defendant's legal arbitration right to waive Plaintiff from this court venue by not producing a signed copy of the agreement to be in breach.

AFFIRMATIVE DEFENSE #3: Had Defendant been properly notified of his contractual arbitration rights, this case never would have proceeded in this Venue, therefore this action is premature.

That does it without exercising the clause.

[dudley3874]

Trueq, would you look over my Answer to summons. You seem to be the head of the class! I can send it in a PM or post it here if you want.

Thanks,

D

[trueq]

I find that the most effective affirmative defenses are derived by your state's specific consumer law.

So my review would only be general global in nature, like did you plead SOL as affirmative defense? (always do that even if it may not apply.)

The best way is find consumer attorneys who win, go down to courthouse and pull that courthouse file and copy those pleadings!

That's how I did it.

Its not because I'm smart. i just had enough Forrest Gump brain power to copy winning court pleadings from winnig lawyers at the courthouse.

I've visted almost every courthouse in WI!

That was fun in and of itself!

[dudley3874]

I am running out of time to file my Answer, due to the holidays. So this is what I have put together.

Date 12 / 23 / 2009

IN THE CIVIL COURT IN THE XX JUDCIAL CIRCUIT IN AND FOR THE MARTIN COUNTY, FLORIDA Case No._

ANSWER TO COMPLAINT / AFFIRMATIVE DEFENSE(S)

Defendant, appearing pro se, for its reply to the Complaint naming Discover Bank plaintiff as follows: All answers correspond to the numbered items listed of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

5. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

7. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

DEFENSES

1. Zakheim & Associates has not proven that they are authorized and licensed to collect claims for others in the State of (Florida), or solicit the right to collect or receive payment of a claim of another.

2. Zakheim & Associates has not proven that they were retained by Discover Bank as its representative in this matter.

3. Zakheim & Associates has not proven that Discover Bank is the real party in interest. Defense demands proof of ownership specifically that the alleged account is still the legal property of Discover Bank with all of the original creditor’s rights and privileges intact.

4. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

5. Zakheim & Associates has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

6. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account).

7. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

8. Plaintiff has not produced a copy of the contract alleged to be in breach.

9. Plaintiff has concealed Defendant's legal arbitration right to waive Plaintiff from this court venue by not producing a signed copy of the agreement to be in breach.

10. Had Defendant been properly notified of his contractual arbitration rights, this case never would have proceeded in this Venue, therefore this action is premature.

Defendant reserves the right to Trial by Jury

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

Donald A xxxxx

(My Address)

The undersigned certifies that the above documents were served on all parties in the above cause by depositing in the U.S. Mail, postage prepaid, in an envelope addressed to : Zakheim & Associates, (Attorney’s Address),Date 12 / 23 / 2009 By the Defendant pro se