Answering a summons under simplified civil procedure?

[Sarah540]

I was served on April 12 and need to file and answer by May 6th. I am being sued by First Resolution Investment Corporation for $3,387.65. along with the complaint came an affidavit signed by an employee of the JDB, and also a statement of account(exhibit A). The statement of account is extremely vague...just has a statement date, account number, charge-off date, balance due, and interest caluculated. There are no signatures on it, just something First Resolution Management typed up.

I have to file an "answer under simplified civil procedure" and I am not sure what to even say. It just states:

The defendant, answer the complaint as follows:

1.The amount of damages claimed to be due to the plaintiff by the complaint in this action is not due and owing for the following reasons:

I guess I am just confused on whether I mention the affidavit and exhibit in my answer..and if so what do I say. I want to file a motion to strike affidavit later.

It is in the SOL, so I cant say that. Just not sure how to take this first step. Any help would be greatly appreciated. I have had much sleep this past 2 weeks. thank you!!!

[ADSOFT]

Well keep in mind that most JDBs don't have first hand knowledge of the debt, hence in most cases they don't have intimate knowledge of how the contract was produced.

Also, the JDB has to prove that they have a contract with YOU, which means they purchase the contract, hence you might pay them and get sued again by another JDB.

Since you have to make sure that the JDB has a contract with YOU, DENY everything in the summons. You could even state that you are not aware that you have a contractual obligation with the plantiff, as to the reason you denied everything.

Now they may claim that you had an obligation with the OC but don't let that intimadate you, they have to prove that they have properly bought the debt (i.e, the contract was properly ASSSIGNED). Learn aobut the follwoing.

1) Look up what an ASSIGNED contract is and how a clause must be in the agreement.

2) Look up "Bill of Particulars"

3) Look up "Custodian of Records".

.... then, if it was me I would either deny everything and plan to file a "BILL OF PARTICULARS", or

Just file a General Denial and state the you are not aware that you have a Contractual Obligation with the JDB (Plantiff in this case).

Deny all amounts,

If they ask for "Intergatories" (look that up) you can always claim that plantiff never sent an itemized bill, hence you won't be purguring yourself.

In a nut shell deny everything and get going on your BILL OF PARTICULARS, don't be intimidated, they can't get judgement on you if you answer. They will send you some interogatories, at which you still deny till they prove they have a contract.

Believe me, if they are not the ORIGINAL CREDITOR, in most cases they have a long way to go.

Also, if it turns out that they do have a proper documentation and witnesses, you usually can get the bill reduced, since they probobly overstated it which is a violation of FDCPA or you can file for arbitration.

.... they have a long way to go, but you have to answer, denying everything will make it very hard for them. You can delay a judgement for a very long time.

Edited May 1, 2010 by ADSOFT