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to much info...now confused...help!


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I recieved a summons from the state of CT from a collection attorney.

The complaint reads:

On or before June 15, 2010 the defendant became indebted to CitiFinancial Auto Credit Inc. In the sum of $6,000 for charges incurred and/or cash advances on defendant's credit account.

Portfolio Recovery Assoc purchased this debt for valuable consideration and as such is the bona fide owner of the debt.

Despite demand, the balance of $6,000 remains wholly unpaid and the defendant has failed and continues to fail to make payment.

The Plaintiff claims:

money damages;

contractual interests;

attorney fees;

post judment statutory interests

costs of suit

It sounds to me like this lawyer thinks this debt is a credit card debt. Which it is not. It is a deficiency amount from over 6 years ago.

They did not attach any type of affidavit or statement. They also did not breakdown the amount due.

I have to prepare and send in a answer and I am just extreamly confused as how to even answer this....I know to deny.

Please help...I am desperate

Thank you.

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Guest chuckygee

Just deny. Do not give them anymore information than they already have. If you try to correct them by saying that this is not a credit card, they will amend and correct the filing. The burden is theirs to prove the case, not yours.

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I recieved a summons from the state of CT from a collection attorney.

The complaint reads:

On or before June 15, 2010 the defendant became indebted to CitiFinancial Auto Credit Inc. In the sum of $6,000 for charges incurred and/or cash advances on defendant's credit account.

Portfolio Recovery Assoc purchased this debt for valuable consideration and as such is the bona fide owner of the debt.

Despite demand, the balance of $6,000 remains wholly unpaid and the defendant has failed and continues to fail to make payment.

The Plaintiff claims:

money damages;

contractual interests;

attorney fees;

post judment statutory interests

costs of suit

It sounds to me like this lawyer thinks this debt is a credit card debt. Which it is not. It is a deficiency amount from over 6 years ago.

They did not attach any type of affidavit or statement. They also did not breakdown the amount due.

I have to prepare and send in a answer and I am just extreamly confused as how to even answer this....I know to deny.

Please help...I am desperate

Thank you.

Yep deny, deny, deny and also their blanket statement "Portfolio Recovery Associates purchased this debt for valuable consideration and as such is the bona fide owner of the debt" does not prove a thing.

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I understand the confusion, the same thing happened to me. I got way ahead of myself in research and ended up being hopelessly confused. Go back to the beginning and start with answering the complaint. You might want to contact the court clerk and see if they have specific answer forms to use or if you just write it out on plain paper.

Read "Help I've Been Sued" on this site. Excellent info, make sure to read all the links inside the article, too. I would post the link but can't yet.

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Thank you so much for replying. I am really nervous I have never been sued before in my life. This is all new to me and a little overwhelming.

I typed my answer and denied all the allegations, and demanded proof. Borrowed some of the special defences which applied to my case from some of the other posts.

Wish me luck, and I will post back once I receive any correspondance back.

Thank you again

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