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Answer to summons/complaint nearing deadline & I need help : (


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:)++ Hi all, I know some of you are so talented with answering these complaints, so I'm just hoping to get some help so I can get it filed soon. I'm having real issues with my son who has autism, and therefore I am close to my breaking point.

My summons/complaint seems fairly simple, but I'm not sure how to answer the questions. Am I to answer the claims under"Chronology of Events?" I did open and use the Chase credit card, so I assume that I will admit to this fact. I had no knowledge of the account being purchased by Midland Funding, therefore I assume I deny everything after that. If anyone could just give me a rough idea on how to answer? I am looking into my state/county rules of procedure, but I'm not sure what or how I answer.

I'm sorry to be so pushy on this...but I'm running out of time and I'm really worried about this. I don't have an extra penny to give to anyone:

In the Third District Court, Park City Department in and for Summit County, State of Utah.

Midland Funding v. Anotherday Gone

Plaintiff Midland Funding LLC, by and throught the undersigned counsel, alleges and complains against defendant(s), as follows:

Parties Jurisdiction and Venue

1. Plaintiff, at all times relevant, is the owner of the debt sued upon herein and authorized to do business in the state of Utah.

2. Anotherday Gone is an individual who upon information and belief resides in the County of Summit, State of Utah.

3. Venue in this Court is proper persuant utah code 78B-3-307.

4. Jurisdiction is vested in this court persuant to utah code 78A-5-102

5. Defendant became indebted to Chase Bank USA, N.A. on a delinquent account ending in 2671

6. Defendant has refused or otherwise failed to pay Chase Bank USA, N.A. for a debt incurred by Defendant

7. Chase Bank USA, N.A. charged off Defendant's account on or about 11/30/2009

8. Plaintiff purchased or was assigned the outstanding balance owed to Chase Bank USA, N.A. on 02/15/2011.

9. At the time the delinquent account was sent to Bennett Law, the delinquent account had a balance owing of $14,659.29.

10. Defendant has since made payments of $0.00.

11. Costs as of the dated of filing the complaint are $360.00.

III

Prayer

Wherefore, Plaintiff Prays for judgement against as follows:

a) The outstanding principle amount in the amount of $14,659.29

B) Prejudgement interest at a rate of 10% annum pursuant to Utah Code Ann. 15-1-1 commencing on 11/30/2009.

c) All costs incurred in bringing this action persuant to Rule 54 Utah Rules of Civil Procedure;

d) Upon judgement, post judgement interest will accrue at a rage of 2.30% pursuant Utah Code Ann. 15-1-4;

e) Reasonable costs incurred by Plaintiff to collect the money judgement; and

f) Any further relief as the Court deems just and equitable.

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If you admit to the debt it is over they will get judgment.

If you cannot recall this alleged debt then denial due to lack of informaton or belief is proper.

If they called you at odd times or comited any violations you could counter claim

here is a response:The Defendant has insufficient information to admit or deny, and therefore must respectfully deny. Defendant demands strict proof.

That should get you through the allegations.

The prayer goes: The defendant prays that plaintiff takes nothing, and the court awards costs of suit to defendant and any other relief the court deems proper.

These cases are defensible if you answer correctly and make them prove the case. Frankly they typically don't have proper evidence to sustain their claims. Midland funding is also having problems with affidavits recently based on lack of personal knowledge.

On a lighter note you will gain leverage by fighting. They buy these accounts for 1 to 4 % of the value they claim. so I would search the answers on the samples sub forums and look up idaho statutes for answers. go on the courts website to find an answer(contract) form.

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Here's my suggestions:

1. Denied. Defendant has no knowledge of Plaintiff. No evidence has been presented to support Plaintiff's allegation.

2. Admit

Not sure about 3 & 4.

5. Defendant has insufficient information to admit or deny and, therefore, must respectfully deny.

6. Same as 5.

7. Same as 5.

8. Denied. No evidence has been presented to support Plaintiff's allegation.

9. Same as 8.

10. Admit. Defendant has never made payments to Midland Funding, LLC.

11. Not sure. If that's what it costs to file a complaint, you could admit. Or you could use the "insufficient information" response.

I'm just not sure about 3 & 4. You might possibly respond: "Objection. The allegation calls for a legal conclusion on the part of the Defendant, a Pro Se. Absent the legal knowledge required to make such a conclusion, Defendant must respectfully deny." (Something like that. :confused:) Maybe others will have a better idea.

I don't think you have to answer the "prayer". Hopefully others will know. The next step is to provide your affirmative defenses.

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Thank you, thank you, thank you Seadragon & BV80...

I was thinking along those lines (in your answers), but didn't know how to lay them out.

This question is probably obvious...but do I include my affirmative defenses below the answers in this same document?

And lastly, the collection calls stopped after I sent the attorney/collector debt verification request. After they sent me back a copy of my OC (Chase) statement, the calls have come back to twice per day. It was my understanding that the only contact that they could make now is to let me know that they are taking legal action. Obviously I know this since they served me a summons. Do you see this as a possible violation?

I will be studying my courts rules of procedure the next couple of days. Thanks again....feels good to know that I have a few supporters behind me.

xdancex

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Thank you, thank you, thank you Seadragon & BV80...

I was thinking along those lines (in your answers), but didn't know how to lay them out.

This question is probably obvious...but do I include my affirmative defenses below the answers in this same document?

And lastly, the collection calls stopped after I sent the attorney/collector debt verification request. After they sent me back a copy of my OC (Chase) statement, the calls have come back to twice per day. It was my understanding that the only contact that they could make now is to let me know that they are taking legal action. Obviously I know this since they served me a summons. Do you see this as a possible violation?

I will be studying my courts rules of procedure the next couple of days. Thanks again....feels good to know that I have a few supporters behind me.

xdancex

Yes, your affirmative defenses should be on the same document.

To be honest, if the calls are coming from the attorney, I don't think they'd be considered a violation. The attorney for the Plaintiff can contact the attorney for the Defendant. Since you're your own attorney, he might be allowed to contact you.

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How about this for 3 & 4?

3. The Defendant is at this time without knowledge or information sufficient to form a belief as to the appropriate venue and must respectfully deny.

4. The Defendant is at this time without knowledge or information sufficient to form a belief as to the appropriate jurisdiction and must respectfully deny.

Edited by workingpoor
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