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My ANSWER to Summons. How Does It Look?


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Ok, I've prepared my Answer and would appreciate any suggestions for change/wording/adding/deleting. I am working on my Affirmative Defenses and Counterclaim for 2 FDCPA violations. I will post them later for your look-see and then add them to my Answer to be filed either Thursday or Friday. (Superior Court)

Complaints w/ my Answer in bold:

1. "my residence/jurisdiction"

ADMIT. The Defendant is a resident of the County of xxxxx in the state of Georgia and of the jurisdiction of this Court.

2. The Plaintiff established an account in the name of the Defendant bearing the account number ending in "xxxx".

DENY. The Defendant has no proof of fiduciary relationship with the Plaintiff. No proof of establishment date for alleged account was provided.

3. Upon the Defedant's use of the account, an agreement was entered into between the Plaintiff and Defendant. The terms of the agreement provided, in essence, that the defendant would pay the Plaintiff for all charges made on their account.

DENY. The Defendant has no proof of fiduciary relationship with Plaintiff. No proof of alleged agreement/contract was provided.

4. The Defendant incurred charges on the account.

DENY. No proof of charges on alleged account was provided.

5. The Plaintiff rendered statements of account to the Defendant to which the Defendant did not odject.

DENY. The Plaintiff has provided no proof of statements nor the delivery thereof.

6. The Defendant has defaulted on the repayment terms of said agreement and is indebted to the Plaintiff in the amount of $xxxxx.

DENY. The Defendant has no proof of said agreement. In addition, no proof was provided of the method on how the alleged default amount was calculated.

7. Demand was made upon the Defendant. Despite such demand, the Defendant has failed and refused, and continues to fail and refuse, to pay the amounts due and owing on the account.

The Defendant's failure and refusal to pay the debt, and the amounts due and owing on the account have insured to the benefit and enrichment of the Defendant.

DENY. The Plaintiff has provided no proof of demand.

8. The Plaintiff has made numerous requests for payment, and the Defendant has refused to pay the Plaintiff, whereby, the Defendant has been unjustly enriched.

DENY. Redundant complaint (see 7).

Wherefore, Defendant prays for this Honorable Court for a judgment in favor of the Defendant dismissing the complaint(s), together with costs, and such other further and different relief as the court finds proper here.

Is this OK? Any suggestions are much appreciated!

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Ok, I've prepared my Answer and would appreciate any suggestions for change/wording/adding/deleting. I am working on my Affirmative Defenses and Counterclaim for 2 FDCPA violations. I will post them later for your look-see and then add them to my Answer to be filed either Thursday or Friday. (Superior Court)

Complaints w/ my Answer in bold:

1. "my residence/jurisdiction"

ADMIT. The Defendant is a resident of the County of xxxxx in the state of Georgia and of the jurisdiction of this Court.

2. The Plaintiff established an account in the name of the Defendant bearing the account number ending in "xxxx".

DENY. The Defendant has no proof of fiduciary relationship with the Plaintiff. No proof of establishment date for alleged account was provided.

3. Upon the Defedant's use of the account, an agreement was entered into between the Plaintiff and Defendant. The terms of the agreement provided, in essence, that the defendant would pay the Plaintiff for all charges made on their account.

DENY. The Defendant has no proof of fiduciary relationship with Plaintiff. No proof of alleged agreement/contract was provided.

4. The Defendant incurred charges on the account.

DENY. No proof of charges on alleged account was provided.

5. The Plaintiff rendered statements of account to the Defendant to which the Defendant did not odject.

DENY. The Plaintiff has provided no proof of statements nor the delivery thereof.

6. The Defendant has defaulted on the repayment terms of said agreement and is indebted to the Plaintiff in the amount of $xxxxx.

DENY. The Defendant has no proof of said agreement. In addition, no proof was provided of the method on how the alleged default amount was calculated.

7. Demand was made upon the Defendant. Despite such demand, the Defendant has failed and refused, and continues to fail and refuse, to pay the amounts due and owing on the account.

The Defendant's failure and refusal to pay the debt, and the amounts due and owing on the account have insured to the benefit and enrichment of the Defendant.

DENY. The Plaintiff has provided no proof of demand.

8. The Plaintiff has made numerous requests for payment, and the Defendant has refused to pay the Plaintiff, whereby, the Defendant has been unjustly enriched.

DENY. Redundant complaint (see 7).

Wherefore, Defendant prays for this Honorable Court for a judgment in favor of the Defendant dismissing the complaint(s), together with costs, and such other further and different relief as the court finds proper here.

Is this OK? Any suggestions are much appreciated!

not bad :D

ad a couple of defenses ::USA::

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dimon,

As you have probably done a good job and I have never done an answer yet, you may want some more suggestions. I've read different kinds of responses and for me, I know I would want to be more general or vague, while answering. Does that make sense? I feel like I would be hinting or giving some of my actual defenses or help to the other side.

Something that you could do is to state that you deny and demand strict proof thereof, leave to their strict proof, or something like that in some of the responses. If you are comfortable with what you have, great!

I hope this helps you or gives you some more info.

VBC ;o)

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Thanks VBC!

I mainly wanted to bring the lack of key evidence of their claims to the Judge's attention.

If I am going to include my Affirmative Defenses and a Motion For Discovery along with my Answer, wouldn't they be well aware of my defenses anyway?

I am trying to bombard Z&A with loads of work. Being my case is with the OC and documents are going to be easily attainable, my strategy is to hand them work overload to buy me some time if nothing else.

I read that in Ga the time frame to answer Discovery is 90 days:shock:

Geez, that's enough time to get proof against someone that doesn't even exist:rolleyes:

Anyone else have suggestions on my Answer? I am filing tomorrow so don't have much time to change things. I will be finishing up my AD's and Counterclaim today.

THANKS

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I am trying to bombard Z&A with loads of work. Being my case is with the OC and documents are going to be easily attainable, my strategy is to hand them work overload to buy me some time if nothing else.

Documents might not be as easily attainable with OC. My case is with OC also and they have not produced anything. Their 60 day deadline is fast approaching.

Good Luck :)

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4. The Defendant incurred charges on the account.

DENY. No proof of charges on alleged account was provided.

You deny the account, therefore you could re-state the fact the account never existed between you and the plantiff. Perhaps I'm wrong, but as it currently is phrased you partially admit there was an account which existed, just no proof you incurred the charges.

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- Edit - I must be having a slow brain day. After I made this post I read the statement again and understand stating no proof on an alleged account does not validate the account.

-- Original response -

Well, from how I am reading you state no charges on alleged account.

Therefore, there's an account, with no proof of charges on the account.

"DENY - (See 2) There is no proof indicating an account ever existed to incur said charges, therefore, the question is improper."

Perhaps someone with more experience can give more input on this? I am also learning and this is just how I read the statement.

Edited by Indecent
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Admin, please don't take offensive to my question! It just confussed me more than I already was when you asked me to drop something that you told me to include. I apologize if I offended you. I can't say "Thank You" enough to you and all the others for your advise and willingness to share knowledge with me!

It is crunch time for me (filling in the morning) and I've been at this all day long and I'm tired.

I put together a few AD's and will post them for a quick check. Any advise would be greatly appreciated!

The AD's that pertain to my case have stumped me more than any other factor of replying to the summons88-)

Thanks!

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