elfmeros Posted August 17, 2010 Report Share Posted August 17, 2010 Has anyone ever completely owned up to the debt and answered claiming all statements in the complaint as true? Is this the same as filing no answer at all? I'm mostly looking to get this issue resolved as quickly as possible. I would assume that filing an affirmative answer would give you more rights in dealing with how the debt is settled? And I guess sending no answer would just result in automatic garnishment or worse and I would have no say in the matter. Is that true?Thanks! Link to comment Share on other sites More sharing options...
Massive Posted August 17, 2010 Report Share Posted August 17, 2010 (edited) Who's the Plaintiff? I've never seen a complaint with strong enough pleadings whereby a defendant would have enough information to admit to anything other than their residence or name. Is there evidence in the Complaint that they (The Law Firm) are authorized to sue in the Plaintiff's name? Edited August 17, 2010 by Massive Link to comment Share on other sites More sharing options...
Massive Posted August 17, 2010 Report Share Posted August 17, 2010 Who's the Plaintiff? I've never seen a complaint with strong enough pleadings whereby a defendant would have enough information to admit to anything other than their residence or name. Is there evidence in the Complaint that they (The Law Firm) are authorized to sue in the Plaintiff's name?Let me answer that, "I didn't think so" why admit to something when you don't even know if it's a legitimate suit or for that matter the Plaintiff even has standing to file suit in your State? Admitting to it is like having a stranger come knock on your door and say he want's money on behalf of so and so without providing authenticated proof. Would you do that?? Make them prove the essential elements of a valid cause of action. Link to comment Share on other sites More sharing options...
elfmeros Posted August 17, 2010 Author Report Share Posted August 17, 2010 It's FIA/BoA. You're right in that there really is nothing claimed except a specific amount of debt, but i know that i owe that debt. Link to comment Share on other sites More sharing options...
Massive Posted August 17, 2010 Report Share Posted August 17, 2010 It's FIA/BoA. You're right in that there really is nothing claimed except a specific amount of debt, but i know that i owe that debt.How do you know you owe it to Bank Of America? I went through (2) bogus NAF awards confirmed to judgment in MBNA's name and I backed Bank of America up against the wall and they reflected on my credit reports that the debt's were zero balance and sold to another lender. I've been dunned by two separate outfits wanting to collect on the bogus judgments and neither outfit have proceeded after receiving my request for validation. So, so much for not being able to request validation on judgments. Just because someone walks around with a judgment doesn't mean it is legitimate believe me. I've had (5) against me and not a one of them ever appeared on any of my credit reports.I learned the hard way and now I chew up and spit out debt collectors (original creditor or Junk debt buyer). Don't give up so easy. Link to comment Share on other sites More sharing options...
KentWA Posted August 17, 2010 Report Share Posted August 17, 2010 You want to resolve this quickly and eslily as possible. If you answer admitting everything, they will seek a Summary Judgement and you will have to pay all fees and costs. However if you deny then you will be in a position to negotiate a settlement amount. After you answer and serve them, you call them and tell them you dispute the validity and amount of the debt, but are willing to discuss a settlement in the interest of resolving the matter. Likely they will cut a deal of less than what you would have to pay for summary judgement. Link to comment Share on other sites More sharing options...
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