b10c0de

being sued, need advice :(

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I was served but wasn't here, dad recieved it but didnt sign anything, live with my parents and am in the process of disability, have no assets, no income and have had brain surgery 2 years ago, so im kinda slow, been cramming the past 5 days, have 10 to respond, and have filled out the petition and discovery they attached to the best of my knowledge of what i read, I live in Louisiana and am being sued by (COLLECTION AGENCY HERE). collection agency. I think the SOL has run out on it being it 3 years in my state but I'm not quite sure, I've researched as much as i could and need someone who could maybe give me some advice or a look-see at what i have filled out, the original credit card debt was from Chase bank, allegedly $4,473 plus extra fees, just need a bit of advice and maybe some help to see if i havent filled this out incorrectly as i can not afford a lawyer not having income and being ill. I thank any kind soul out there for they're help in advance, and this board is great! I can email a copy or message them the information more in depth, thanks again!

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for the different pleadings. I was reading on La. pleading and found the sections for dilatory, and declin? motions good law for pro pers. the Code of procedure code 865 lets you know how pleadings ie. petition answer and motion for dilatory exceptions are formed.

I have to go to bed now but PM me the complaint or(better) redact your name,address and the amount and post it here make sure you don't have person Identifying info. then we all can help ya.

So you go'on and post that and read the codes sections 833-970 and that will help. you have ten days left so the sooner the better.

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To: me/address

attached to this citation is a certified copy of petition * which tells you what you are being sued for. You must EITHER do what the petition asks, OR, within ten (10) days after you have recieved these documents, you must file and answer or other pleadings in the office of the Cleark of this court, address here

If you do not do what the petition asks, OR, if you do not file and answer or legal pleading within ten (10) days, a judgment may be entered against you without further notice.

This citation was issued by the Clerk of court for (my city)

on the 07 day of October, 2011 then signed by the deputy clerk

----------------PAGE 1------------------------

city court for the city of my city

state of Louisiana

no. (my case number) division: Civil

(collection agency here)

verses

(my name)

filed:10/7/2011 signed by deputy clerk

PETITION FOR SUMS DUE WITH INCORPORATED DISCOVERY

THE PETITION of (collection agency here), appearing through counsel undersigned hereto with respect represents:

1. Defendant herein, (my name) is a person of the full age of majority and a resident of Calcasieu Parish, state of Louisiana.

2. Defendant is currently indebted unto plaintiff in the amount of $0,000.00, which consists of the amount of ($0,000.00) (the balance due at the time the indebtedness was purchased by plaintiff), plus interest from date of purchase of ($000.00) to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to present. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding.

3. defendant was issued a credit card by CHASE BANK USA NA, hereinafter referred to as "Original Creditor".

4. By issuing a credit card to Defendant, Original Creditor agreed to permit Defendant or Defendant's designee to make purchases on credit or obtain cash advances by using the credit card, to be repaid in insatllments.

--------------------------PAGE 2------------------------

5. Defendant and/or other persons used the card and, thus, obtained money from Original Creditor.

6. Defendant's or Defendant's designee's use of the credit card established an agreement to the terms of credit card.

7. The account at issue bears contractual interest and plaintiff is entitled to collect interest at a rate of 18.000 percent. Said interest will continue to accrue at that rate until paid.

8. The indebtedness was purchased for valuable consideration by (collection agency here).

9. The current amount due on said indebtedness, after credit for all payments has been given, is $0,000.00. This amount includes the sum of $0,000.00 at the time the account was purchased by (collection agency here), plus $000.00 interest to the date of this petition. Defendant has failed to pay this amount when due and/or disputes his or her indebtedness on this account.

10. Additionally, (my name) is liable to plaintiff for reasonable attorney's fees.

11. Attached hereto as Exhibit "A" are Interrogatories, Requests for Admissions and Requests for Production of Documents which are incorporated into this Petition and are to be responded to withing the delays allowed by the Louisiana Code of Civil Procedure.

12. This is an attempt to collect a debt. Any information obtained will be used for that purpose. The undersigned is a debt collector. It may be necessary to contact third parties for information regarding Defendant to collect this debt.

------------------------PAGE 3---------------------

WHEREFORE, plaintiff (collection agency here), prays that Defendant, (my name), be duly served and cited to appear and that, after due proceedings had, there be judgment herein in favor of plaintiff, (collection agency here), and against the Defendant, (my name), in full and true sum of $0,000.00, which consists of the amount of $0,000.00 (the balance due at the time the indebtedness was purchased by plaintiff), plus interest from date of purchase of $000.00 to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to the present. Additionally, Defendant is liable for reasonable attorney's fees and all costs of this proceeding and that an Order of this Court be issued allowing plaintiff's counsel to contact such third parties as may be necessary or advantageous to effectuate any post-judgment judicial remedy.

Respectfully submitted,

john doe lawyer

(ADDRESS)

Attorney for:

(collection agency here)

PLEASE SERVE: (MY NAME)

-----------------------PAGE 4------------------------

CITY COURT FOR THE (MY CITY)

STATE OF LOUISIANA

NO. (CASE NO.) DIVISION: CIVIL

(collection agency here)

VERSUS

(MY NAME)

FILED: 10-7-2011 (DEPUTY CLERK'S SIGNATURE)

REQUESTS FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

NOW COMES (COLLECTION AGENCY HERE), who propounds the following Requests for Admissions, Interrogatories and Requests for Production of Documents to Defendant, (my name). This discovery must be responded to within the delays allowed by Louisiana law. Pursuant to La.C.C.P. Art 1467, the failure to respond to the following Requests for Admissions in the manner within the delays allowed by that article will result under certain circumstances in your having admitted the facts referred to in these requests.

REQUEST FOR ADMISSION NO. 1

Please admit that you were the holder of a CHASE BANK USA NA credit card and that you are liable for the amounts due thereon.

REQUEST FOR ADMISSION NO. 2

Please admit that the total of principal, interest and late charges due on that credit card is $0,000, which onsists of the amount of $0,000.00 (the balance due at the time the endebtedness was purchased by plaintiff), plus interest from date of purchase of the $000.00 to the date of this petition, interest thereafter at the rate of 18.000 percent per annum until paid, less a credit for all sums paid by Defendant from date of purchase of the account by plaintiff to the present, and that you are liable as well for reasonable attorney's fees and all costs of this proceeding.

REQUEST FOR ADMISSION NO. 3

Pleas admit that (collection agency) is the sole and full owner of the account or accounts sued on herein.

INTERROGATORY NO. 1

If you deny Request for Admission No. 2 above, please state the amount you contend is due on this account.

-------------------------PAGE 5----------------------

REQUEST FOR PRODUCTION NO. 1

If you deny either Requests for Admissions 1 or 2 above, please produce at the office of the undersigned, within the delays provided by the Louisiana Code of Civil Procedure, the following documents:

A) all documents reflecting billings from CHASE BANK USA NA for any credit card, line of credit or other installment obligations; and

B) all documents including bank records, canceled checks, bank statements, etc., reflecting any payments made by you to CHASE BANK USA NA on said obligations.

INTERROGATORY NO.2

Please state whether you disputed the billing statements from CHASE BANK USA NA in writing within sixty (60) days of your receipt of those statements.

REQUEST FOR PRODUCTION NO. 2

Please produce for inspection and copying, at the offices of the undersigned, within the delays allowed by the Louisiana Code of Civil Procedure, all documents or written materials in your possession relating to said dispute.

This is an attempt to collect a debt. Any information obtained wil be used for that purpose. The undersigned is a debt collector.

Respectfully submitted,

john doe lawyer

(ADDRESS)

Attorney for: (collection agency here)

PLEASE SERVE:

(MY NAME)

Edited by b10c0de
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I have a rough draft of my answers and there might be a couple of other ones oceanic as i looked at my credit report online, here is what i have so far

PETITION ANSWERS:

complaint no. (here) THEM

VERSUS

(MY NAME)

1. Admit

2. Denied, do not know if the statements in the Complaint are true

3. Denied, do not know if the statements in the Complaint are true

4. Denied, do not know if the statements in the Complaint are true

5. Denied, do not know if the statements in the Complaint are true

6. Denied, do not know if the statements in the Complaint are true

7. Denied, do not know if the statements in the Complaint are true

8. Denied, do not know if the statements in the Complaint are true

9. Denied, do not know if the statements in the Complaint are true

10. Denied

11. Admit

12. Denied, do not know if the statements in the Complaint are true

---------------------------------------------------------------------

REQUESTS FOR ADMISSIONS, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS ANSWERS:

answer to admission No. 1

The information known or readily obtainable by Defendant is insufficient to enable him to admit or deny this Request. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

answer to admission No. 2

Denied. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

or

The information known or readily obtainable by Defendant is insufficient to enable her to admit or deny this Request. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

or both

Defendant objects in part to Interrogatory No. 2 with regard to the portions asking for information in that it is irrelevant to whether or not he is indebted to Plaintiff. Subject to Defendant's objection, Defendant's full and complete

name is [my name] and he resides at [my address]. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

or

answer to admission No. 3

The information known or readily obtainable by Defendant is insufficient to enable him to admit or deny this Request. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

or

The information known or readily obtainable by Defendant is insufficient to enable him to answer this Interrogatory. Subject to the previous sentence, Defendant does not recognize Plaintiff.

answer to interrogatory no. 1

the information known or readily obtainable by defendent is insufficient to enable him to answer this intterogatoy. This answere is no way intended as an admittance of defendent's obligation to this alleged amount.

answer to request for production of documents no. 1

A. After diligent search and reasonable inquiry, he does not have under his custody or control ant documents responsive to the request. he is informed and believes that the requested documents are allegedly in the possesion of the

plaintiff.

B. After diligent search and reasonable inquiry, he does not have under his custody or control ant documents responsive to the request. he is informed and believes that the requested documents are allegedly in the possesion of the

plaintiff.

answer to interrogatory no. 2

Defendent objects to No. 2: overly broad and uduly burdensome

or

No. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

answer to request for production of documents no. 2

Defendant does not have any such document, and cannot find any such document after a reasonable search, but reserves the right to introduce documents as allowed by law. This answer is no way intended as an admittance of Defendant's obligation to this alleged amount.

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