JohnDoe 4 Posted July 19, 2010 Report Share Posted July 19, 2010 I was served a summons a few days ago on behalf of Chase. I need to develop a strategy. Here are the quick facts. Chase says I owe 19k on 2 chase credit cards. (some of this $ was for material on an investment house that was recently short saled.)I Stopped paying on Credit Cards in March 2010.I have had no contact with Chase in 6 months.I was thinking about trying to settle with them for 3-5k not sure if this is realistic but its all that I can afford.Here is the short version of what the process server handed me a few days ago and my rough draft response that needs to sent off asap: (ALL names and numbers have been censored)IN THE CIRCUIT COURT IN AND FOR ORANGE COUNTY, STATE OF FLORIDA Case # xxxxxxx--------------------------------------------- CHASE BANK USA, N .A., Plaintiff, vs. No. Defendant. (My Name Here)COMPLAINT Plaintiff, CHASE BANK USA, N.A ("CHASE"), a first party creditor, sues Defendant, John Doe, and alleges as follows: 1. At all times hereinafter mentioned, CHASE is and was a national banking association with its primary place of business located in the State of Delaware. 2. At all times hereinafter mentioned, the Defendant was and is a resident of PG. 2Orange County, State of Florida. 3. This is an action involving a claim for damages that exceeds $15,000.00. Account Stated 4. The Defendant had a revolving credit card account(s) with CHASE ("the Account(s)") and used the Account(s) to obtain purchases and/or cash advances and, as a result, became indebted to CHASE on the following balance(s) which was agreed to by he parties: Account Number xxxxxxxxx 5xxxxxx Last Statement Balance $ 11200.xx $ 8xxx.00 TOTAL: $19,000True and correct copies of a representation of CHASE's record of the Account(s) is attached hereto as an Exhibit(s). (Chase attached the latest 2 credit card statements in the summons) 5. CHASE provided monthly account statements to the Defendant reflecting, among other information, transactions to the Account(s) since the preceding billing period, the total amount due'on the Account(s), and the minimum payment(s) due. 6. The Defendant did not object to the aforementioned account statements. 7. The Defendant owes CHASE $19,xxxxxxx that is due on the Account(s), together with interest from June xx xxxx and costs of suit. WHEREFORE, Plaintiff, CHASE BANK USA, N.A., respectfully requests entry of judgment against Defendant, John Doe aka Joey Doe, in the amount of $19,xxxxxx, plus interest and costs of the suit. JPMorganChase-Legal Department Attorneys for Plaintiff P.O. Box Deerfield Beach, FL BY ~~\ Attourneys names here.END-------MY RESPONSE TO SUMMONS: (PLEASE TELL ME WHAT YOU THINK)July 19, 2010Case number xxxxx xx xxxxIn The Circuit Court In And For Orange County, State Of FloridaChase Bank USA Plaintiff vs. John Doe DefendantDefendant's Answer to ComplaintAllegation 1: AdmitAllegation 2: AdmitAllegation 3: Denied. Amount of alleged Debt is not accurateAllegation 4: Denied: This request calls for admission of matter defendant has denied and thus it is improper. Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "revolving credit card" and "the account."Allegation 5: Denied: This request calls for admission of matter defendant has denied and thus it is improper. The Defendant has not received monthly account statements from the Plaintiff.Allegation 6. Denied. The Defendant rejects the aforementioned account statements.Allegation 7. Denied. Amount of alleged debt is not accurate.Furthurmore, the Defendant DENIES every other allegation not previously admitted, denied or controverted.AS AND FOR AFFIRMATIVE DEFENSES1. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, agreed to in a contract, and lawfully charged. Defendant also insists that the plaintiff provide the contract, all account statements and purchase receipts to prove the amount of the debt.WHEREFORE, the defendant asks the Court for judgment:a. dismissing the complaint herein with prejudice Link to comment Share on other sites More sharing options...
Rick1488 Posted July 19, 2010 Report Share Posted July 19, 2010 I recommend you just search this forum as there is just plenty of helpful information and most questions have already been answerd. Link to comment Share on other sites More sharing options...
PERRYMASON Posted July 19, 2010 Report Share Posted July 19, 2010 as a least sophisticated , a continuance would be in order while you investigate and digest the recent FTC report and FDCPA, TILA, etc., Link to comment Share on other sites More sharing options...
willy33 Posted October 8, 2010 Report Share Posted October 8, 2010 So is there any update on what happened next?? I find myself in the same boat almost exactly with Chase. Link to comment Share on other sites More sharing options...
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