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Suit against General Service Bureau - Iowa


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Hello everyone. I received (Action for money Judgement) small claims court yesterday. I plan on denying the claim. It tells me, on the form, to file my answer with the clerk of court within 20 days. Do I also need to send a copy to the lawyer? There is also a judgement entry on the bottom of the form, but it is not filled out. It's asking for the amount of 3302.17 COURT COSTS based on ________ and it's blank. There are 19 forms attached, they are letters from the CA to the OC asking for a signature and statements of 19 accounts. Some have statements, some have just a signature page. These letters state

" PLEASE SIGN THE ASSIGNMENT BELOW AND RETURN WITH A CLEAR COPY OF YOUR ITEMIZED STATEMENT VERIFYING THE BALANCE DUE SO WE MAY FILE SUIT ON YOUR BEHALF. THANK YOU.

ASSIGNMENT

FOR VALUABLE CONSIDERATION, RECEIPT HEREBY ACKNOWLEDGED, THE UNDERSIGNED HEREBY SELL, ASSIGN, TRANSFER AND SET OVER ONTO GENERAL SERVICE BUREAU, INC., A CERTAIN CLAIM OF (HOSPITAL NAME) AGAINST (MY NAME) FOR GOODS, WARE AND MERCHANDISE SOLD AND DELIVERED OR SERVICES RENDERED AND PERFORMED IN THE SUM OF $AMOUNT HERE PLUS LAWFUL INTEREST THEREON; AND DO HEREBY AUTHORIZE SAID ASSSIGNEE TO DO AND PERFORM ALL ACTS NECESSARY FOR THE COLLECTION, SETTLEMENT, ADJUSTMENT, COMPROMISE OR SATISFACTION OF SAID CLAIM, INCLUDING ASSIGNORS NAME. ASSIGNOR HEREBY REPRESENT AND WARRANT THAT SAID CLAIM IS JUSTLY DUE AND OWING AND THE SAME IS FREE OF SETOFFS AND OTHER DEFENSES"

pt: my name

your account number: oc account number

listing date.

last charge date.

date.

our account number.

The part that confuses me is "ASSIGNOR HEREBY REPRESENT AND WARRANT THAT SAID CLAIM IS JUSTLY DUE AND OWING AND THE SAME IS FREE OF SETOFFS AND OTHER DEFENSES""

What does this mean?

Summary:

I plan on filing a deny and taking this to trial.

Do I file my answer with the clerk of court only, or also send a CRRR to the lawyer, too?

Do I need to do anything else before I answer?

Should I answer ASAP or closer to the 20 day mark?

Thanks!

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" PLEASE SIGN THE ASSIGNMENT BELOW AND RETURN WITH A CLEAR COPY OF YOUR ITEMIZED STATEMENT VERIFYING THE BALANCE DUE SO WE MAY FILE SUIT ON YOUR BEHALF. THANK YOU.

Right. Looks like they want you to admit to the debt. If you sign these papers you just as well make them a joint account holder at your bank.

Shuffle though the papers and look for a sheet which is from the clerk of court entitled "APPEARANCE AND ANSWER OF DEFENDANT" where it gives you an option to check:

_____ I hereby enter my appearance and DENY the claim of the Plaintiff.

_____ I hereby enter my appearance and ADMIT the claim of the Plaintiff...

There's more to the last option but I think you get the idea that the court wants you either to DENY or to ADMIT to the claim.

If you are going to deny the claim, then the very least you must do is check the DENY option and send this page to the clerk of court. You don't need to send a copy to the Plaintiff.

Your other option is to do as 1stStep suggested. Do a search on this site using the search engine for the words Appearance, Answer, Affirmative Defenses, and Counter claims.

It seems a little complicated at first but it will become understandable after you read more on these searches. The appearance is where you say that you are going to appear in court...just that simple. Answer is where you deny the claims of the Plaintiff, point by point. A simple DENY or ADMIT is all that is necessary. The affirmative defenses are a little more entailed as you are basically explaining why you are denying the Plaintiff's claims. Lastly, the counter claims are where you are putting forth your own claims against the Plaintiff for their violations of the FDCPA and other laws. These are also more entailed.

If you choose to go this route then you do need to send a copy of these to the Plaintiff in addtion to the clerk of court.

If you are close to the 20 day limit then you should at least check the DENY and send this sheet into the clerk of court. Under Iowa law you have, I think, 20 days to admend any of your proceedings without leave of the court.

You can also go to the Iowa courts online to see what others have done in response to lawsuits.

Edited by Downto0
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