dimon Posted July 19, 2010 Report Share Posted July 19, 2010 hello,I am trying to prepare the answer and already have some ideas how to write it.What my question is, I found "Affidavit of debt" but can't find the list of allegations...are they the same? And how the answer should be filed now?Thanks Link to comment Share on other sites More sharing options...
dimon Posted July 20, 2010 Author Report Share Posted July 20, 2010 (edited) guys, wanted to see if you can help me...so one more time, all I have in the paperwork that I got served with is face page, with names, dates...then affidavit of debts, and exhibits...I am in the process to prepare answer, and other docs...this account was opened not by me, but with signature almost looks like mine, by people who was working on obtaining credit for meI am thinking to build on that...any suggestions? OC is sueing me, not CAAlso, if there are no allegations, but only affidavit, how am I prepare an answer?Thanks Edited July 20, 2010 by dimon missed info Link to comment Share on other sites More sharing options...
Linda7 Posted July 20, 2010 Report Share Posted July 20, 2010 guys, wanted to see if you can help me...so one more time, all I have in the paperwork that I got served with is face page, with names, dates...then affidavit of debts, and exhibits...I am in the process to prepare answer, and other docs...this account was opened not by me, but with signature almost looks like mine, by people who was working on obtaining credit for meI am thinking to build on that...any suggestions? OC is sueing me, not CAAlso, if there are no allegations, but only affidavit, how am I prepare an answer?ThanksLet's break it down, one page at a time. Can you put in here what it says, but change your name and the amount they say you owe. There was probably the process server page, then there should have been a page or two that has your court name on it/them - then their "proof" like the affidavit, etc. Right now, let's work on the page or pages that has your court name. We need to know what those pages say. Also, who is the OC? Link to comment Share on other sites More sharing options...
SingleDadJames Posted July 20, 2010 Report Share Posted July 20, 2010 I don't know much but here in Michigan all they need to do is file a complaint with an affidavit of debt and they're all set unless the defendant takes the initiative from there. If you don't answer the complaint they'll get a default judgement..so make sure you file an answer before your time is up!Regarding their affidavit: check your rules. Here in Michigan if you don't object to their affidavit of debt and submit your own affidavit denying theirs the Affidavit of debt is considered evidence of fact simply because you didn't deny it. "such affidavit shall be deemed prima facie evidence of such indebtedness, unless the defendant with his answer, by himself or agent, makes an affidavit and serves a copy thereof on the plaintiff or his attorney, denying the same."That's MI but it's something to look into in your state. Link to comment Share on other sites More sharing options...
dimon Posted July 21, 2010 Author Report Share Posted July 21, 2010 (edited) Gusy thanks for your answer, here is what I got:Page 1 - CIVIL WARRANT states my name, address, ammount owned, creditor, and creditor's attorney, than there is section that says "Jugment", then court hearing date/timePage 2 - Affidavit of sworn account, that states general stuff, the only thing is that they are original creditor...so it was written by employee and notorized more than 15 days prior to the summons issued (case is in TN)After that there are exhibits with application, terms and conditions and other stuffI am thinking what is my best way to answer now, and how to get it over with...I am uncollectable at this time, so I have some leverage Edited July 21, 2010 by dimon Link to comment Share on other sites More sharing options...
admin Posted July 21, 2010 Report Share Posted July 21, 2010 I would file a motion to dismiss based on improper paperwork somehow. Not quite sure what to call it. I would advise getting professional legal help. Link to comment Share on other sites More sharing options...
dimon Posted July 21, 2010 Author Report Share Posted July 21, 2010 WOW...really? I do not have access to legal help, due to lack of funds. But do not want to be in disadvantage.Let me go one more time and ask for some more opinions:Sued by OC in the state of TNserved the summons and no info given as to how many days I have to answer, just give me the papers and left.So, Summons Page 1 is the form that they use in court...starts with:Summons the defendant(s)....blahblahblah...also on this page there are section about jugment and date and time of the hearingPage 2 Affidavit of Sworn account1. I employee...blah2. defendant obtain cc...blah3-5. etc,etc about true that application attached...amount due, etcNotorized more than 15 days (not sure if this is Important) before summons was filed.Then supporting docs shows terms and conditions, agreement, application etcGuys please HELP, I think that I do have some time (30 days) have draft of answer, and motion to strike documents, not sure how to strike affidavitThanks for all help Link to comment Share on other sites More sharing options...
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