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Need advice on filing an anwser in california


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1. Who is suing you? Hunt & Henriques

2. For how much? $2500

3. Who is the original creditor? CITIBANK

4. How do you know you are being sued? I Received a summons

5. How were you served? Were you served? I was not served. They gave summons to my mom.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? No

7. Where do you live? California

8. When is the last time you paid on this account? Last payment was before I lost my job which was like 3 – 4 years ago. I’ll have to check the credit report but on the summons states it’s within the last 4 years.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Online don’t have much information. I only see case type is RULE 3.740 COLLECTIONS. Participants is Me, Hunt& Henriques & Citibank.

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.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No questionnaires.

Yes they require response in writing.

Here is what checked on the complant

A defendant live her now

Common counts

Other

Damages of $2500

First CAUSE OF ACTION – Common Counts

1. Citibank alleges that defendant (me) became indebted to plaintiff,

a. With in the last four year

a1. On an open book account for money due

2. Because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff

b. Within the last four years

b1. For money lent by plaintiff to defendant at defendants request

b2. For money paid, laid out, and expended to or for defendant at defendant’s special instance and request.

c. Other ( specify) Unjust enrichment

thanks

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Be careful with this one! I've looked up a number of cases Hunt & Henriques has brought forward on behalf of Citibank and in each case where there was an answer, they had copies of each and every Citibank statement and the original credit card application. It seems you can fight them procedurally, but may have a harder time trying to win on the facts.

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CreditCredit. looks your case is the same as mines. I have til Friday to reply to the summons.

CC-1. became indebted to Plaintiff:

(a) within the past 4 years:

[1] on an open book account for money due

[2] because an account was stated in writing by and between plaintiff and defendant in with it was agreed that defendant was indebted to plaintiff.

(B) within the past 4 years:

[4] for money lent by plaintiff to defendant at defedant's request.

[5] for money paid, laid out, and expended to or for defendant at defendant's special instance and request.

[6] Unjust enrichment.

CC-2. $X amount, which is the reasonable value, is due and unpaid despite plaintiff's demand.

Im still a little confuse on how I would admin and deny in my answer. Do I have enough time to send them bill of particulars?

Thanks!!!

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so will my answer look like this?

CC-1 - DENY

CC-2 - DENY

Also i found a thread with list of AFFIRMATIVE DEFENSES. can i just list them all down just in case i can use it?

1. Plaintiff's cause of action and complaint is barred by the applicable statute of limitations.

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint was not in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for the debt, default, or miscarriage of another person.

3. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

4. Plaintiff's Complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence Rule.

5. Plaintiff is barred under the Fair Debt Collection Practices Act, herinafter called "FDCPA", from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

6.Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

7. Plaintiff's complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8.Plaintiff is not an Assignee for the purported agreement and no evidence appears on the record to support any related assumptions.

9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.

10. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.

11. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages under the doctrine of Volenti non fit injuria.

12. Plaintiff's damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control.

13. Plaintiff's damages are the result of acts or omissions committed by Plaintiff.

14.Plaintiff's prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss.

15. Plaintiff's damages are limited to real or actual damages only.

16. Plaintiff's Complaint, and each cause of action therein; is barred by the Doctrine of Estoppel, specifically Estoppel in Pais and Estoppel by Silence

17. Plaintiff's actions are precluded, as Plaintiff's demands for interest are usurious and violate state and federal laws.

18.The Plaintiff is not a collection agency licensed or authorized to conduct a collection agency business in this state in accordance with <YOUR STATE STATUTE>.

19. The plaintiff is not authorized or licensed to collect claims for others in this state, solicit the right to collect or receive payment of a claim of another.

20. Plaintiff is not authorized or licensed to advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.

21. The Complaint fails to allege or prove that Plaintiff is licensed and has procured a bond as required by law.

22. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

thanks

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Be careful with this one! I've looked up a number of cases Hunt & Henriques has brought forward on behalf of Citibank and in each case where there was an answer, they had copies of each and every Citibank statement and the original credit card application. It seems you can fight them procedurally, but may have a harder time trying to win on the facts.

True, but like ADMIN has wisely adviced many, "don't be discouraged to shake thier hand". .... they might make a mistake.

If they have everything then they win, but they usually slip somewhere and worst case ARBITRATION .

By answering you have a winning chance and can dely a judgement and possibly reach a settlement. You don't want t judgement on you CR.

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so will my answer look like this?

CC-1 - DENY

CC-2 - DENY

Also i found a thread with list of AFFIRMATIVE DEFENSES. can i just list them all down just in case i can use it?

1. Plaintiff's cause of action and complaint is barred by the applicable statute of limitations.

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint was not in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for the debt, default, or miscarriage of another person.

3. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

4. Plaintiff's Complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence Rule.

5. Plaintiff is barred under the Fair Debt Collection Practices Act, herinafter called "FDCPA", from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

6.Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

7. Plaintiff's complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8.Plaintiff is not an Assignee for the purported agreement and no evidence appears on the record to support any related assumptions.

9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.

10. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.

11. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages under the doctrine of Volenti non fit injuria.

12. Plaintiff's damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control.

13. Plaintiff's damages are the result of acts or omissions committed by Plaintiff.

14.Plaintiff's prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss.

15. Plaintiff's damages are limited to real or actual damages only.

16. Plaintiff's Complaint, and each cause of action therein; is barred by the Doctrine of Estoppel, specifically Estoppel in Pais and Estoppel by Silence

17. Plaintiff's actions are precluded, as Plaintiff's demands for interest are usurious and violate state and federal laws.

18.The Plaintiff is not a collection agency licensed or authorized to conduct a collection agency business in this state in accordance with <YOUR STATE STATUTE>.

19. The plaintiff is not authorized or licensed to collect claims for others in this state, solicit the right to collect or receive payment of a claim of another.

20. Plaintiff is not authorized or licensed to advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.

21. The Complaint fails to allege or prove that Plaintiff is licensed and has procured a bond as required by law.

22. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

thanks

??? Your supposed to answer line by line. What you have stated would be what you might try to build you case on during discovery.

There is a great book: "Win you case in Superior Court", it tells how to answer. SOL and disputing amounts should be enough. You can ask for all those things in discovery and once at trial bring them up or file an MSJ.

I would go to boarders and get the book, it gives step by step info on how to respond. ... no brainer.

You have some good stuff but you should try to get stuff in discovery from the plaintiff and build your case.

Just deny all amounts, aggrements, and claim SOL, it's up to them to prove last payment statements and amounts with a witness and countract and that they didn't breach (sometimes they raise you rate w/o proper advanced notice).

Once they prove the amount you might be able to settle for a smaller amount or make payments or arbitration. If you answer you have tons of options. ... go get them.

http://www.nolo.com/products/win-your-lawsuit-SLWY.html

Edited by ADSOFT
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So would my answer look like this?

CC-1 Deny

(a) Deny

[1] Deny

[2] Deny

(B) Deny

[4] Deny

[5] Deny

[6] Deny

CC-2. Deny

Also when do i BOP them is that in discovery?

GO GET THE BOOK, IT TELLS YOU HOW TO ANSWER. DENY ALL AMOUNTS, AND CLAIM SOL. YOU WILL HAVE A CHANCE TO POST A DEFENSE LATER.

STEP 1: BUY THE BOOK

STEP 2: ANSWER (BUT YOU HAVE TO DO STEP ONE TO KNOW HOW TO ANSWER WITHOUT PUTTING YOUR FOOT IN YOU MOUTH).

..... If it's not worth $35.00 (or a little less to win the case) then just don't answer.

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