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My name has changed from the info on the summons...how do I handle this?


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The summons I received has my old name and address. I would like any advise on how I should state my name in the answer. I have read that you need to use the information just as it is stated in the summons, however, I am not sure if I should be including my new info in my answer somewhere.

My thoughts were to include it in the part where I admit that it is me and then state that I have since had a name/address change.

Does that sound right?

Please help! :roll:

Thx,

wantitover

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I found out about another suit filed against me only by checking court records on the case that I was served on. Maybe you can do what I did as the that suit was served at a prior address.

I filed a notice of appearence with the anwser that stated that the plaintiff had attempted service at an address I hadn't lived at for years. I then stated that they and the court needed to send me all notices pertaining to the case to my current address.

I would also keep track of your case periodically online or in the court file, especially if you don't get anything further from them in the mail within the next month or so.

How did you find out about the suit since it was served at a prior address.

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I was actually served the papers, via a sheriff's dept. worker, at my current address. Do you think that since they served the papers to the correct address that the courts already have it and it shouldn't be an issue or should I still include it in my answer?

Also, the JDB that is suing me doesn't even appear on my credit report and I have never received a phone call or letter from them at all! I had never even heard of them until I got the summons. Is there an affirmative defense against them suing me before contacting me?

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I am not for sure, but I believe they have to send you a letter giving you 30 days to request validation of the debt. The nimrods probably sent it to your prior address. I think you should include a mention of your current address if there is anything on there with your old address, it couldn't hurt and you can never put anything past the JDB's relative to them trying to slip stuff past you in hopes you don't contest them in court.

The fact that the sheriff knew your address but they somehow didn't is a clue to this, the way these people can find people's phone numbers to harass them would lead me to believe they could have easily found your new address. I don't know if you can use them not calling you as a AD, but I do believe they have to give you 30 days to request them to validate. They will probably get away with saying they sent it to your prior address, so I would say just focus on many other relevant defenses that you probably have at your disposal.

What JDB is suing you??

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Thanks for the input! It is RAB Performance Recoveries, LLC. Ever heard of them? I haven't been able to find much, other than the fact that they are based in NJ. As far as I can tell, my state doesn't make CA & JDB be licensed in my state:(

One more quick question....when I file my answer, should I get it notarized before I go to the courthouse to file it or is that something that they normally do there?

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Never heard of that one. The JDB suing me is relatively unknown to compared to some of the other ones as well. They probably don't have what they need to prove their claim, if they are like the typical JDB's out there so you should typically deny all of their claims in your anwser.

Another good way to gauge if it is probable that they don't have any thing to go to court to prove their claim is if the debt has been sold multiple times. If that is the case you need to keep on top of things and make sure they don't try anything sneaky to get a judgement without your knowledge as they almost certainly don't have access to proof of the alleged account if they are an assignee of an assignee. That is the case in my situation and it has been 3 1/2 months and they haven't provided any documentation whatsoever.

As far as having it notarized, I don't think that is necessary for an anwser. You do need to send a copy to the JDB or their attorney and from what I understand it is best to have that sent certified mail.

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This is what I have so far, I would love some input if this is too wordy or if I have put this in the wrong place.

Answer to complaint

Defendant answers the complaint as follows:

Allegation 1: Admit, defendant has had a name/address change from information appearing on complaint and would like all new and forthcoming filings to be presented to defendant’s new address of 123 Sesame Street, USA.

Allegation 2: Deny

Allegation 3: Deny

Affirmative Defenses:

.....still a work in progress....

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There aren't any buyers listed on my report ....not even the people that are suing me! It makes me very suspicious that they haven't reported anything since they supposedly got it in '08!?

On a different note....about my answer. When I reply to each paragraph of the complaint, I just simply have "deny". I have noticed that a lot of people have a lengthy sentence about not knowing enough to admit or deny.....is this a better tactic than the one word "deny"?

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Check your state's RCPs about the effect of claiming lack of knowledge in an answer. I would simply state Deny. From what I've read it's cleaner, doesn't look like you are dancing around, playing games, and makes it clear that you are denying.

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This is what I have so far, I would love some input if this is too wordy or if I have put this in the wrong place.

Answer to complaint

Defendant answers the complaint as follows:

Allegation 1: Admit, defendant has had a name/address change from information appearing on complaint and would like all new and forthcoming filings to be presented to defendant’s new address of 123 Sesame Street, USA.

Allegation 2: Deny

Allegation 3: Deny

Affirmative Defenses:

.....still a work in progress....

Thanks for the input! Can anyone help me with the name/address change situation....does this look like the correct wording/place to put it in my answer?

Thx!!

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Sorry wantitover, i wasn't on the computer for the last few days.

Not sure if there is a way to determine if the account has been sold multiple times or not any other way then how I did it. The way I know is because I saved all the letters from the JDB's that they have sent me over the last few years. I was able to go back through all of them and piece it together myself.

Just so you are accurate in your assessment, make sure you note whether or not it states who the current owner of the debt is in those communications, if you got them that is, and if you saved them. This is important as sometimes the OC will hire CA's to collect on a debt that is still owned by them. I have also observed in my own case that sometimes JDB's will get other JDB's to send communications in an attempt to collect. In that case, the debt is still owned by the JDB who enlisted the help of the other JDB.

I am not sure if the chain of assignment has to include all the other JDB's that may have not owned the account, but tried to colect on it, I haven't the knowledge to help there. But you may be inclined to think it has been sold several times just because different company names come up on letters, you have to note what company owns it. The account the JDB that is suing me over has went from the OC to another JDB to them as far as I can tell from what I have, but over a half dozen other scum suckers have been enlisted by both JDB's to collect on it.

Hmmmm, and I wonder why they are taking months on end to produce anything, the alleged debt is like one of those suitcases with stickers on it from half a dozen different countries on it....lol

I think you are worrying too much about the address thing, what you have written down is fine I think. You should also probably put more down than just deny but if you provide a good list of affirmative defenses, it would probably be ok to leave it at that.

Edited by fightemdontfold
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Thanks so much for the input! I know I am probably obsessing over the small stuff, but I am going to file my answer tomorrow and needless to say....it is making me very nervous that there will be something small that they will be able to hang me on.

What about after I file my answer? Do I just wait and see what happens? From those of you that are further along in the process than me.....how long does the plaintiff have to answer back?88-)

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Once you file an anwser you need to send a copy of it to the lawyer for the JDB that is listed on the complaint, there should be an address for them on there.

I would probably recommend sending them off discovery. I was lucky to not only have researched online on how to do this, but within a week of filing an anwser the JDB in my case sent me discovery (that is the only thing they have done in a timely manner,lol) so I had a ready made template on how to send them back discovery myself. You could wait a couple weeks to see if they send you something you can use but you can probably formulate your own. You don't want to wait too long though, they don't have to send you discovery and if you wait too long it might result in you missing your chance to send them anything.

The thing is you have to preface your discovery with the rules of your state and definitions of terms used. I have to admit I would have probably fouled this up if I didn't have the information they sent me in their discovery. Basically you have to define the technical terms of your discovery question, you have to define original creditor, account, etc, and actually define what those terms mean, the original creditor is (you would put whoever they alleged in the complaint). If you don't they can just play dumb and send it back to you and say they don't understand who you are referring to.

Make sure all of your questions include alleged before anything so you don't prejudice yourself, remember until they provide proof, you have no knowledge of their claim.

If you can check your case online, I would check every 4 or 5 days to see if they have taken any action, but they are required to send you notification of any motion or hearing.

They supposedly have 30 days to respond to discovery, as you do as well, but I sent off my discovery and then they got an extension and barely beat that deadline (actually they were a day late) and those anwsers were basically just responses saying they were still looking for proof, and the judge didn't dismiss the case. Depending on the judge, discovery can last a long time so it may be a long wait.

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So I should send them request for discovery as soon as I file my answer?

Also, I have 30 days to file my answer ( which will be 3/23). I know that I have to send a copy to the lawyer, but does it have to be in their hands by day 30 also, or just filed at the court house and then mailed to them after that?

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