kooldude

if i admit on complaint, can i still win if no proof of contract or statements?

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just wondering if i have a chance.

But snce I am not sure about if i entered a contract with fia card services or bank of america, would i be able to deny the allegation and let them prove it?

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If you admit it then you are in a hole looking up at dirt coming in, but you can still challenge the validity of the amount. If you deny, they have to prove they are entitled to collect and the amount is accurate.

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Defendant has a lack of knowledge or information sufficient to form a belief about the truth of the allegation.

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When a suit is feiled the filer of the complaint(the Plaintiff) bears the burden of proof. That means they have to prove their allegations, don,t help them out by admitting, make them PROVE everything they say.

Even if you know it is true, if you word your admissions the correct way it makes them prove everything.

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after receiving the summons, i panicked and called the attorney wanting to settle out of court without even researching it.

is it too late to deny the allegation when filing my answer after i called them wanting to settle out of court?

what if they recorded the telephone conversation?

or can i still deny the allegation that i entered into contract with plantiff or plantiff's assignor?

would that be considered perjury if i deny the allegation when i already made the call to settle out of court before if they have recorded the telephone conversations?

(my state only needs one party consent only for recordings)

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Offering to settle does not mean you admitted to the debt.

If they try to say this in court you simply return with, after more research I have determined that this debt is not mine.

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If you admit to any of the allegations they'll more than likely obtain a judgement.

You can deny the allegations without committing perjury, but you need to do so carefully. You need to read this thread for examples:

http://www.creditinfocenter.com/forums/there-lawyer-house/292720-start-finish-winning-against-midland-funding-aka-jdb.html

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isn't the possibility of committing perjury only if you have to file an answer that has to be a verified answer? with the following:

I' declare under penalty of perjury under the laws of the State of xxxxxxxx that the foregoing is true and correct' statement at the end of the answer?

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Settlement talks or conversations are not admissible even if you told the attorney 100% you owed every dime.

No it might help their case, but they can't use your statement against you. That is only for settlement talks.

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Never admit in an answer.

Answer with denials....

They did most likely tape your conversation, but do you remember

what you said?

Obviously they did not agree with your offer, or they would have

jumped on it.

You could say that when you received the summons you were

did call to see about this and what could be done.

You had wanted more info about the account.

But the person on the other end of the phone was

confusing you.

You could say that after that call you realized there was something

wrong with this as it really is not an account you recognize.

You could say that at one time you had an account with such and

such but you no longer have any records.

Did they dun you... so you could have DVed them?

If so, did they?

If they didn't then you can justify that you do not recognize

this as being your account, or if it is that the amount is

correct.

Because even if they sent statements on this... the amount could be

wrong.

Therefore you need to deny everything until you get rock solid

proof on the amount...

And one other thing you can do is check the cardmember agreement for

what it says about arbitration.....

If you elect arbitration, if it is in the agreement, you can get this out of court...

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in my state, it is mandatory arbitraiton so have no choice.

actually, when i called, i didnt speak to the attorney but some girl that is assigned to my case.

i just called them to see if we could settle out of court but they wanted more than i was willing to offer so i could not agree to the settlement agreement.

i did some researching and found my old credit card with different account number than the one listed on the complaint. i dont know why the numbers are different because my old card is with bank of america and not fia card services.

Edited by kooldude

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in my state, it is mandatory arbitraiton so have no choice.

actually, when i called, i didnt speak to the attorney but some girl that is assigned to my case.

i just called them to see if we could settle out of court but they wanted more than i was willing to offer so i could not agree to the settlement agreement.

i did some researching and found my old credit card with different account number than the one listed on the complaint. i dont know why the numbers are different because my old card is with bank of america and not fia card services.

I am talking about private contractual arbitration.

You do not want state mandated arbitration if you can avoid it.

They are not the same thing.

If the account number is not the same...

Then you can ... without a shadow of hesitation... state you do not recognize this account.

You can state ... without a shadow of a doubt... that you have nothing

in your possession that would indicate this account is yours.

You cannot admit to an account that you do not recognize.

It is possible that they got the numbers wrong... or it might be FIA

change the account when the took over B of A accounts.. but it might be

they got a wrong person...

Do not make comment on here if you recognize the amount they

are suing on or not.

But do your answer, deny, deny, deny... and then do your defenses...

and DO NOT miss your deadline.

Before sending it to the atty and filing with your court read

a link I am going to PM you... about private contractual arb.

Then if you decide to go this route... add it to your defenses.

Edited by donqII

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