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Summons with Exhibit. How to respond?


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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,

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It is not clear to me.

Four causes of Action

1 - Open Book Account

2 - Account Stated

3 - Reasonable Value

4 - Money Lent

All 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,

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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

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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.

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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?

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