pwk54 Posted August 4, 2011 Report Share Posted August 4, 2011 Newbie here and have been reading for many hours but cannot determine a proper response.Summons, California, Attorney representing Wells Fargo, Limited, $15,000.Typical allegations as seen throughout forum but also Summons included my most recent Credit Card statement as Exhibit 1.Not sure how or if I can deny allegations with the Exhibit attached as evidence of a contract.Any advice?BTW, this forum is fantastic and I appreciate any input.Thank you, Link to comment Share on other sites More sharing options...
1stStep Posted August 4, 2011 Report Share Posted August 4, 2011 Answer the complaint, deny as appropriate. Link to comment Share on other sites More sharing options...
KentWA Posted August 4, 2011 Report Share Posted August 4, 2011 If the statement reflects no transactions then it, in itself is not evidence of a contract. Link to comment Share on other sites More sharing options...
pwk54 Posted August 4, 2011 Author Report Share Posted August 4, 2011 It is not clear to me.Four causes of Action1 - Open Book Account2 - Account Stated3 - Reasonable Value4 - Money LentAll causes are rather redundant but I suspect they are required to meet regulations. Bottom line is the Causes allege I have an account, I used the account, have not paid the account, they want 10% interest and Attorneys fees.Will I deny all allegations that reference my "Account" and Money owed?And by denial am I then forcing them to produce a signed agreement or is that necessay being that Exhibit 1 was provided?Thank you, Link to comment Share on other sites More sharing options...
calawyer Posted August 5, 2011 Report Share Posted August 5, 2011 Newbie here and have been reading for many hours but cannot determine a proper response.Summons, California, Attorney representing Wells Fargo, Limited, $15,000.Typical allegations as seen throughout forum but also Summons included my most recent Credit Card statement as Exhibit 1.Not sure how or if I can deny allegations with the Exhibit attached as evidence of a contract.Any advice?BTW, this forum is fantastic and I appreciate any input.Thank you,Is the complaint verified? Check the following post to see if you can file a general denial:http://www.creditinfocenter.com/forums/there-lawyer-house/308883-wife-being-sued-midland.html Link to comment Share on other sites More sharing options...
pwk54 Posted August 5, 2011 Author Report Share Posted August 5, 2011 Yes, the complaint is verified by the attorney representing Wells Fargo. However the Exhibit is not verified but perhaps the verification of the complaint is a blanket for all pages?I am curious about another issue as to whether it has any merit. Prior to becoming delinquent with this account I spoke with Wells hardship dept and offered to make $100 a month payments with reduced interest. They declined the offer by stating that my income does not support a $100 commitment. (I am self employed and business was terrible for 1.5 years). I argued that it is not up to them to determine what I can or cannot afford and I would like to pay $100 month. They said no. I tryed the same argument a month later and they agreed to $180 monthly but not $100. I could not commit to that. Link to comment Share on other sites More sharing options...
pwk54 Posted August 5, 2011 Author Report Share Posted August 5, 2011 Another question:Do I respond to any of the allegations in the first top portion of the Complaint labeled Definitions and Preliminary Allegations? or just the Cause of Action?Thank you, Link to comment Share on other sites More sharing options...
calawyer Posted August 5, 2011 Report Share Posted August 5, 2011 Yes, the complaint is verified by the attorney representing Wells Fargo. However the Exhibit is not verified but perhaps the verification of the complaint is a blanket for all pages?I am curious about another issue as to whether it has any merit. Prior to becoming delinquent with this account I spoke with Wells hardship dept and offered to make $100 a month payments with reduced interest. They declined the offer by stating that my income does not support a $100 commitment. (I am self employed and business was terrible for 1.5 years). I argued that it is not up to them to determine what I can or cannot afford and I would like to pay $100 month. They said no. I tryed the same argument a month later and they agreed to $180 monthly but not $100. I could not commit to that.Just to be certain: the attorney signed a statement saying that the client is absent from the county where the attorney has his/her office and so the attorney is verifying the complaint on the client's behalf and then says that the allegations are true to the best of his/her knowledge??I can't see anything of value in a compromise that neither party accepted.As far as the prelimnary allegations are concerned, I would have to see them. Can you type them out? Link to comment Share on other sites More sharing options...
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