How would you answer this summons from Chase if you were me?

[ballyhoo]

I will keep my sob story brief, as I'm sure you've heard it all before.

I have been unemployed for 17 months. After a year of paying my credit cards (they are many) during this period, I have decided I can no longer use my 401k and my unemployment insurance to pay these bills. I am contemplating bankruptcy. I am under what is becoming a very long review period for a Home Loan Modification on my property. The bankruptcy lawyer I have not yet hired says to not file bankruptcy while I am trying for a Home Loan Modify. So this debt below basically is mine, but I have to answer the court in a couple of days and I would like to do it properly. I will either file bankruptcy later or negotiate with all my creditors.

So boo-hoo, what would you do? Thank you all for reading this. I have learned so much from this site, just in the last 2 weeks.. Getting my butt to court tomorrow because the original summons copy was filed on the 1st, even though this was served on me on the 7th of this month

1. Who is suing you?

Chase Bank USA, N.A.

2. For how much?

First Cause of Action for Breach of Contract : $5545 plus pre-judgment interest

Second Cause of Action for Open Book Account : $5545 plus pre-judgment interest

3. Who is the original creditor?

Chase Bank

4. How do you know you are being sued?

Was served a summons at my residence

5. How were you served? Were you served?

The process server left it on my front door after she heard me answer from behind. I did not have a conversation with her because I knew

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

None (as recommended by not yet hired bankruptcy lawyer)

7. Where do you live?

California

8. When is the last time you paid on this account?

December 2009

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily).

Satus: Pending, Future hearing in March, Order to show cause

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No

12. Does your summons require a response in writing?

Yes

We need to know what the "charges" are. Please post what they are claiming.

First Cause of Action for Breach of Contract : $5545 plus pre-judgment interest

Second Cause of Action for Open Book Account : $5545 plus pre-judgment interest

Demand for said sum has been made, defendants have failed, refused and neglected to pay said sum

Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Just a "Verification" signed by an officer of Chase BankCard Services, Inc. a subsidiary of Plaintiff Chase Bank USA, N.A.

14. What is the SOL on the debt?

4 years

Edited September 29, 2010 by ballyhoo

[admin]

I'd respond to each line - admit or deny.

Follow the rules of civil procedure for your court and file the paperwork accordingly.

There are lots of examples of answers in this forum. Take a crack at putting something together and we can critique.

[FL4answer58]

Read everything you can from 'Calawyer' here on the boards.

Remember this is OC - not some JDB. The affidavit will most likely hold.

I will either file bankruptcy later or negotiate with all my creditors.

Are there any negotiations on the table for settlement?

[Massive]

How can that affidavit hold, it lacks foundation. I'd deny everything and assert affirmative defenses and challenge the Plaintiff to prove they have Standing to Sue you in the State of California.

[skippy1960]

If you were served on the 7th you have 30 days from date of service to file and answer, so still time to do this if you haven't. It is a must that you file and answer with affirmative defenses. California has some pleading forms you can use here is the web site.

http://www.courtinfo.ca.gov/forms/

Find form PLD-C-010 Answer to Contract, you can also find Proof of Service form to complete.

To file an anwser it will cost you around $200 dollars, make 3 copies of everything you file with the court so they can time stamp them. One for the court, one for you and one to send to Plaintiff.

Once you file an answer they will farm this out to outside counsel, which means you will get Substitution of Attorney in the future.

You have some options to buy time if you get an answer filed prior to the 7th.

Good Luck and we can answer further questions, answer is critical at this point.

[ballyhoo]

Thanks everyone for all your help. I probably did not answer the court properly, but the important thing was that I answered. Yes, skippy1960, this was most certainly to just buy some time. FL4answer58, there are no negotiations on the table for settlement yet, but that is what I plan to do. I basically followed the advice on how to answer from the "Help! I'm being Sued" article on this site. I will be sending the lawyers a copy of my answer via certified mail with a receipt request. I guess then they will contact me via mail (hopefully) since I've blocked all incoming creditor phone calls. Then comes negotiation time...