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Served by LVNV Funding in KY


mikitan
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Thursday morning I was woken up by a sheriff whom served me with a Civil Summons Complaint. Upon reading the Complaint, I realized it was from LVNV Funding for a credit card that was apparently opened 3/2007 through CitiBank then purchased by them in 5/2008. The amount they are suing me for is $2800 plus interest at 8% per annum from 2/8/2008 until date of judgment with 12% per annum thereafer until paid, plus court costs.

Due to this, I have been a little worried but I am managing. I have done a lot of research and read a lot of forum posts and websites trying to figure out how to answer. I think I've come up with a nice Answer and would appreciate any feedback you all could provide. If there is anything else I could add, please let me know.

Also, on another part of the topic, I am thinking of filing bankruptcy while waiting for a court date (if LNVN doesn't drop their suit). Would that stop this lawsuit? Also, I decided to check all 3 my credit reports and I am not seeing ANY accounts listed by CitiBank, period. Is this normal? It isn't even listed in the closed sections, almost like all 3 bureaus dropped them or something (who knows, maybe this really isn't my debt :D). Also, I remember opening a lot of accounts in Nov and Dec of 2006 but I don't remember opening one in Mar 2007. I do, however; remember that Feb 2007 was when I lost my job and wasn't able to pay anything anymore (was even forced to finally sale my house).

Waiting to hear your opinions on my Answers and above questions. Thank you all in advance.

P.S. I removed my name from the posted Answer.

Edit: Answer updated.

Edit: Answer updated again, on Pleading Paper.

Answer - Pleading Paper - Sanitized.pdf

Motion to Strike - Pleading Paper - Sanitized.pdf

Edited by mikitan
Adding Motion to Strike
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For a first crack at it, it looks well thought-out. However, I am NOT an expert in Kentucky law.

I would suggest putting this on Pleading Paper. If you have MS Word, I believe there is a Pleading Wizard you can use to accomplish this. If you use OpenOffice (free! for Windows, Mac, and Linux), there is a Pleading Paper template you can download and use for free from the OpenOffice Templates websites.

Did LVNV attach any documents to their lawsuit? Did you see an Affidavit, a Bill of Sale, or anything else beyond the complaint?

If there is an affidavit -- Look up "Motion to Strike" and check your local law library for information on the same. If you can have the affidavit stricken, you knock out a big part of their case against you.

Also, I'd encourage you to post replies to each of these responses here. You cannot PM other members until you get your posts up to 10. You'll have better resources when people can privately message you to get into more details.

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Also, I would recommend not filing for BK!! Do not file if it is not ABSOLUTELY necessary for you to do so. If you're being sued and that's why you want to file, ask yourself if you are up to fighting the lawsuit. It's possible to fight it, then win.

If it's just lots of debts on your credit report, know that you can fight and get your credit report cleaned up.

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Your supporting citations (based on the reporter volumes) appear pretty old. Is this still good law? Do they apply to your particular issue?

It is my opinion that a request for admission asking the other party to admit the statute of limitations is X years is really unneccessary. The law is the law, whether they admit to it or not. What I mean is, if they admit the statute is X years and it really isn't, the statute does not become X years simply because of the admission. Now, if you're trying to get them to admit for other purposes, i.e., knowingly filing suit after the statute has expired, that's a different story.

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Yeah, they attached an affidavit from someone in another state that was signed and notarized back in September. I'll look into the Motion to Strike after I get some sleep. As for the Pleading Paper, it looks like I will have to get the template for MS since the wizard isn't part of Office 2010 Pro.

As for bankruptcy, it isn't just this. I have about $70k in debt due to the past issues I mentioned. I was trying to ensure my house was in proper condition and I never assumed I would lose my job like I did. Currently, I am going to college to become an Architect so funds are still an issue. With one creditor hitting me just 3 months before the SOL, I expect the rest to start flooding me as well, not to mention, LVNV, according to my CR, has 3 more debts on me.

I've also tried to get my CR cleaned up, however; the CR's don't like me :lol:. Every dispute I've sent them ends up coming back that the creditor ran out of time to respond and they removed the account in question. Normally, that is good, though 2 weeks later I get another letter stating they finally responded and they are putting it back on the file :twisted:. Oh well, this is why I was wondering if a bankruptcy would stop the lawsuit dead in it's tracks or not.

Anyways, thanks for the replies and also thank you for your input on the Answer.

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Your supporting citations (based on the reporter volumes) appear pretty old. Is this still good law? Do they apply to your particular issue?

If you are talking about my fifth defense, I honestly don't know about that. I found that information on this site and a few others. All of them was stating, and I know one of the sites I saw it at was posted recently, said it -can- work to stop a JDB lawsuit, though not guaranteed.

It is my opinion that a request for admission asking the other party to admit the statute of limitations is X years is really unneccessary. The law is the law, whether they admit to it or not. What I mean is, if they admit the statute is X years and it really isn't, the statute does not become X years simply because of the admission. Now, if you're trying to get them to admit for other purposes, i.e., knowingly filing suit after the statute has expired, that's a different story.

I thought I deleted those admits. *checks his unsanitized version* Hmm, I did delete those. I guess I forgot to delete them from the one I posted here. According to 'their' affidavit, the account was opened in 3/2007. Going by that date alone, that would mean SOL is 3 months away. At the same time, I don't remember opening an account in Mar 2007 nor do I remember ever paying on one around that time. I was going to leave those in at first, just in case I wanted to use the SOL defense, but then decided by the time I get the information, if they provide the proof that is, it would be too late to claim SOL. Honestly, I think they messed up the date on purpose so they could claim SOL hasn't occurred, but I have no proof of that.

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FIRST DEFENSE

1. The complaint fails to state a claim against the defendant for which the relief sought can be granted.

This almost never works unless they used a statute or cause of action for which there is no private right of action. Most likely this is account stated.

SECOND DEFENSE

2. The defendant alleges the affirmative defenses of accord and satisfaction, laches, equitable estoppel,

mitigation, failure of consideration and waiver.

First of all, these should be pleaded separately if you want to use them. None of them will work, by the way, unless you have a very specific strategy in mind.

THIRD DEFENSE

3. That the defendant denies that he owes 2,799.16 and accruint interest on the revolving charge acct

purchased by plaintiff, and set forth in paragraph 2 of the complaint.

This is not a special defense, it is a denial, which is part of your answer.

FOURTH DEFENSE

5. That the Plaintiff(s) lacks standing to bring this action.

They have standing, but they will have to prove it. If you make this claim, YOU"LL have to prove it.

6. Plaintiff(s) is not a party, nor in privity with the Defendant(s), to any contract, note or other obligation

entered into by the Defendant.

You don't have to have a contract with them. They bought your account, they assume all rights.

FIFTH DEFENSE

7. "One who voluntarily pays the obligation of another cannot in an action like this recover of the debtor

the sum so paid. City of Louisville v. Anderson, 79 Ky. 334; Noble v. Williams, 150 Ky. 439, 42 L.R.A. (N.

S.) 1177, 150 S.W. 507; City of Morganfield v. Wathen, 202 Ky. 641, 261 S.W. 12. One cannot voluntarily

become the creditor of another so as to enforce his claim in a court."

I don't know how this applies, you don't say. The court will want to know your theory. I don't think anyone paid your bill for you, did they? Your questions about the SOL do not apply as far as I know, this was Citibank, they are in SD and the SOL is 6 years. What are you going for with TILA?

8. Defendant reserves the right to amend his answer and to assert any additional defenses or necessary

counterclaim(s).

WHEREFORE, the defendant, Defendants Name, having fully answered the plaintiff's Complaint herein,

demands as follows:

1. For judgment against the plaintiff dismissing it's Complaint herein;

2. For his costs herein expended; and

3. For any and all other relief to which he may appear entitled.

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BK will stop all of this, but BK is federal and there are some strict guidelines you have to follow and qualify for. For instance, if you transferred a bunch of stuff out of your name in the last two years, you may not qualify. You should look at the exemptions, state and federal, you can use either one. If you don't own anything of value and your credit is poor, what the heck, it may work. You can get a free consultation, too.

Kentucky Bankruptcy Exemptions

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FIRST DEFENSE

1. The complaint fails to state a claim against the defendant for which the relief sought can be granted.

This almost never works unless they used a statute or cause of action for which there is no private right of action. Most likely this is account stated.

They never made a claim period. They didn't say 'account stated'. Below is what they said in the Complaint;

1. That the account of NAME is in default.

2. Said account is due and payable to LVNV Funding, LLC, having acquired the account through sale, assignment or other legal means.

3. The original creditor is Citibank.

4. Said obligation is past due, and the Defendant(s) owes Plaintiff $2,7999.16, with interest thereon at the rate of 8% per annum from Feb 8, 2008 until the date of judgment with 12% per annum thereafter until paid plus court costs.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sums, plus interest, set forth above and court costs.

SECOND DEFENSE

2. The defendant alleges the affirmative defenses of accord and satisfaction, laches, equitable estoppel,

mitigation, failure of consideration and waiver.

First of all, these should be pleaded separately if you want to use them. None of them will work, by the way, unless you have a very specific strategy in mind.

To be honest, this was one of the defenses that I found online. I honestly don't know what it all means.

THIRD DEFENSE

3. That the defendant denies that he owes 2,799.16 and accruint interest on the revolving charge acct

purchased by plaintiff, and set forth in paragraph 2 of the complaint.

This is not a special defense, it is a denial, which is part of your answer.

Okay.

FOURTH DEFENSE

5. That the Plaintiff(s) lacks standing to bring this action.

They have standing, but they will have to prove it. If you make this claim, YOU"LL have to prove it.

Really? They don't have standing. I don't owe them. I don't care if they -bought- the account. First off, I don't even know whom this account is for because it isn't even on my credit report. LVNV is, but not Citibank. Secondly, even IF it is an account I had at one time, I always read the contracts when it comes to a credit card and none of them had ever said 'One day, you will sale this to another company and you will owe them instead of us'.

6. Plaintiff(s) is not a party, nor in privity with the Defendant(s), to any contract, note or other obligation

entered into by the Defendant.

You don't have to have a contract with them. They bought your account, they assume all rights.

See above.

FIFTH DEFENSE

7. "One who voluntarily pays the obligation of another cannot in an action like this recover of the debtor

the sum so paid. City of Louisville v. Anderson, 79 Ky. 334; Noble v. Williams, 150 Ky. 439, 42 L.R.A. (N.

S.) 1177, 150 S.W. 507; City of Morganfield v. Wathen, 202 Ky. 641, 261 S.W. 12. One cannot voluntarily

become the creditor of another so as to enforce his claim in a court."

I don't know how this applies, you don't say. The court will want to know your theory. I don't think anyone paid your bill for you, did they?

They -bought- the account. They paid Citibank a portion of the bill so they could try and collect on it. The original creditor has been paid and no longer handles this account. I have tried to call Citibank to see what this account was and was told the account is considered as 'paid' by them.

Your questions about the SOL do not apply as far as I know, this was Citibank, they are in SD and the SOL is 6 years. What are you going for with TILA?

This was deleted from the working draft, however; like I said in my earlier replies, I don't remember opening any credit card accounts in March of 2007. I opened about 4-6 in November and December of 2006. Considering this, I was thinking about using the SOL and making sure they stated the account was considered an 'open account' as per the TILA, but since I removed them, this is moot.

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BK will stop all of this, but BK is federal and there are some strict guidelines you have to follow and qualify for. For instance, if you transferred a bunch of stuff out of your name in the last two years, you may not qualify. You should look at the exemptions, state and federal, you can use either one. If you don't own anything of value and your credit is poor, what the heck, it may work. You can get a free consultation, too.

Only property I have is a $16k mobile home and a $2500 car, both of which are co-owned by my room mate. I am a college student with no job and my room mate takes care of all of the bills and I am only able to help him out twice a year when I get my federal student loan refunds. My credit is also at 415, a bankruptcy can't make it any worse.

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They never made a claim period. They didn't say 'account stated'. Below is what they said in the Complaint;

1. That the account of NAME is in default.

2. Said account is due and payable to LVNV Funding, LLC, having acquired the account through sale, assignment or other legal means.

3. The original creditor is Citibank.

4. Said obligation is past due, and the Defendant(s) owes Plaintiff $2,7999.16, with interest thereon at the rate of 8% per annum from Feb 8, 2008 until the date of judgment with 12% per annum thereafter until paid plus court costs.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sums, plus interest, set forth above and court costs.

That is a claim. In fact, look how detailed number four is. They allege you had a Citibank card, they now own it, obligation is due, what the balance is, and how the interest is figured.

That's their claim, you had a Citibank account which they own and you are in default. It's pretty straight forward.

To be honest, this was one of the defenses that I found online. I honestly don't know what it all means.

Horrible idea to plead something you don't even know what it means. In addition, those are affirmative defenses, meaning you would have the burden to prove them. They are losing arguments but even if they were not, you would be required to prove them since you made the allegation.

Really? They don't have standing. I don't owe them. I don't care if they -bought- the account. First off, I don't even know whom this account is for because it isn't even on my credit report. LVNV is, but not Citibank. Secondly, even IF it is an account I had at one time, I always read the contracts when it comes to a credit card and none of them had ever said 'One day, you will sale this to another company and you will owe them instead of us'.

True the contract does not say one day we will sell this to another company. What it says is (paraphrased) this contract may be transferred, sold, or assigned to another party, without notice and without requiring your approval.

See above.

This contract may be transferred, sold, or assigned to another party, without notice and without requiring your approval.

The account is considered as 'paid' by them.

True they sold it, the account is not considered paid by the new owners, there lies your problem. It's true, Citibank no longer has a dog in this fight. They paid Citibank for the account. They did not pay Citibank part of the balance on your behalf and Citibank accepted the payment on your behalf.

Like I said in my earlier replies, I don't remember opening any credit card accounts in March of 2007.

A valid dispute they will defiantly have to prove.

Considering this, I was thinking about using the SOL and making sure they stated the account was considered an 'open account' as per the TILA[ but since I removed them, this is moot.

It would be what your state and court considers the account, but as you stated that part is moot.

You have a very legit shot at beating these clowns, but your going to have to use the right strategy and defenses. Attack their standing and under no circumstances argue you did not give them permission to sell the account. That will get you slapped with summary judgment and loss.

As to your dispute about opening the account, hit them with discovery and ask very specific questions and very specific demands for documents. They have the burden to prove you opened the account and they now own it.

The opening the account part is usually pretty easy to prove. The part about them having standing is usually pretty difficult for them to prove, if argued correctly.

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Only property I have is a $16k mobile home and a $2500 car, both of which are co-owned by my room mate. I am a college student with no job and my room mate takes care of all of the bills and I am only able to help him out twice a year when I get my federal student loan refunds. My credit is also at 415, a bankruptcy can't make it any worse.

After a few years, BK could actually make your credit better. However, you are basically judgement proof. I'd put up a fight and worse case you can always file BK.

The BK will stop, dead in their tracks, any lawsuit, judgement, garnishment, bank levy or any other collection efforts.

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To be honest your answer doesn't seem to answer the complaint. Normally your answer should address each element of the complaint. You said the complaint was:

1. That the account of NAME is in default.

2. Said account is due and payable to LVNV Funding, LLC, having acquired the account through sale, assignment or other legal means.

3. The original creditor is Citibank.

4. Said obligation is past due, and the Defendant(s) owes Plaintiff $2,7999.16, with interest thereon at the rate of 8% per annum from Feb 8, 2008 until the date of judgment with 12% per annum thereafter until paid plus court costs.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sums, plus interest, set forth above and court costs.

There are lots of sample answers on this site and others. Generally it would be along the lines of:

1. Defendant denies.

2. Plaintiff has offered no proof as to standing, therefore Defendant denies.

3. Defendant has no idea who the original creditor of the alleged debt is purported to be and therefore denies.

4. Defendant denies.

You get the picture. You can flesh it out, of course, with details that fit your case but you don't need to set out your entire defense in your answer.

The next section would be affirmative defenses, if you choose to use them. Affirmative defenses are add-ons. When you use an affirmative defense you are saying "even if everything the plaintiff says is true they should lose because...." SOL is an affirmative defense, and probably the most useful one and the most likely to succeed. You do not need ANY affirmative defenses to win. They are just great to include IF you understand what you are using them for and can back them up.

Then there are counterclaims. Again, you do not need counterclaims. Counterclaims would be things like FDCPA violations.

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Then there are counterclaims. Again, you do not need counterclaims. Counterclaims would be things like FDCPA violations.

Ok, I've modified my answer and reposted it. I've not done it on Pleading Paper yet as I need to decide out which template to use (would be easier if KY provided an Answer form). I was going to add couterclaims at first, but I decided against it because I can't get proof. LVNV was the company calling me 10-15 times a day, some times even after Midnight EST. Unfortunately, my cell phone company only keeps the last 3 months of call logs and in the past 3 months, they haven't called at all.

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After a few years, BK could actually make your credit better. However, you are basically judgement proof. I'd put up a fight and worse case you can always file BK.

The BK will stop, dead in their tracks, any lawsuit, judgement, garnishment, bank levy or any other collection efforts.

So, basically, if I lose, I could still file a bankruptcy and give LVNV the big middle finger? :twisted:

As far as my Answer goes, I had most of that stuff listed to try and just make them drop the suit. I had read many forum posts where people were able to do just that. One guy even got the JDB to agree to Dismiss the case With Prejudice. Some of the defenses I listed were ones he used. Oh well, guess if winning or losing doesn't really matter....but then again, I don't like to lose.

I just wish they at least had the decency to wait until after the Holidays to serve me, though it does make me wonder why they are going after me now. I am pretty sure they know my financial situation. Anyways, I've reposted my edited answer. Let me know if it works better. I thank all of you for your assistance.

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Reposted Answer again (noticed I forgot to remove the Admissions from the repost) but went ahead and put it on Pleading Paper.

EDIT:

I also worked up a draft of my motion to strike. Let me know what you guys think of it and if I need to add anything.

EDIT:

I also have another question. If this goes to court, is there anyway out of actually going to court? I have a severe case of Social Anxiety Disorder that pretty much prevents me from leaving my house unless I absolutely have to. This is only made worse around authority figures like the police and judges. If I have to go to court, I would most likely have a severe panic attack. I don't take medicines for it or see a doctor because I don't have medical insurance or the money. Any suggestions on this? Currently my room mate is handling a lot of this for me, would it be possible for him to go in my place as my representative? If so, how do I set that up?

Edited by mikitan
adding new information and asking question
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So, basically, if I lose, I could still file a bankruptcy and give LVNV the big middle finger? :twisted:

A BK is the nuke option. It can stop the sale of a house just as the auctioneer is saying going once, going twice, boom BK and it puts an immediate stop on the sale that very second.

It's the same with a wage garnishment, repo or eviction. It is a powerful card to pull. It's the reason you can only pull it once (chapter 7) every ten years. It wrecks your credit but as you pointed out, it's wrecked right now.

So unless the stress is too much to handle, no reason to not try and just see what happens. In fact, have fun. Don't get held in contempt, but turn the case into a three ring circus. A pro-se, non atty litigant, with nothing to lose can be an absolute nightmare for the other side. Just with life in general, fighting somebody with a true nothing to lose mindset is tough.

I worked in an industry where I went to court many times. Our lawyers hated going up against a pro se. The common theme was how unpredictable they were.

I was told they can't prepare like they can with somebody they face everyday. They said you never know if they will even be able to find the courtroom, won't even show, show up in shorts and a tee shirt, or will come with a wheelbarrow full of documents and know every possible loophole and relevant case law from the past century and treat the case like it's the next O.J. trial of the century.

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I also have another question. If this goes to court, is there anyway out of actually going to court?

Not if you want to win.

Currently my room mate is handling a lot of this for me, would it be possible for him to go in my place as my representative? If so, how do I set that up?

Unless he is a licensed attorney, it would actually be against the law for him to go as your representative.

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Reposted Answer again (noticed I forgot to remove the Admissions from the repost) but went ahead and put it on Pleading Paper.

Comes the defendant, xxxxxx, pro se, and for his answer to the Plaintiff's Complaint, states as follows:

1. Defendant denies the allegation.

2. Plaintiff has offered no proof of standing and therefore Defendant denies allegation.

3. Defendant is unsure of the original creditor of alleged account and therefore denies allegation.

4. Defendant denies that he owes $2,799.16 and accruint interest on the revolving charge account allegedly purchased by Plaintiff.

Good

FIRST DEFENSE

1. That the Plaintiff(s) lacks standing to bring this action.

You just said that in number two above.

2. Plaintiff(s) is not a party, nor in privity with the Defendant(s), to any contract, note or other obligation entered into by the Defendant.

:trainwreck:

You're going to get absolutely annihilated on this argument.

SECOND DEFENSE

3. "One who voluntarily pays the obligation of another cannot in an action like this recover of the debtor the sum so paid. City of Louisville v. Anderson, 79 Ky. 334; Noble v. Williams, 150 Ky. 439, 42 L.R.A. (N.S.) 1177, 150 S.W. 507; City of Morganfield v. Wathen, 202 Ky. 641, 261 S.W. 12. One cannot voluntarily become the creditor of another so as to enforce his claim in a court."

They did not pay your obligation. They bought the account.

4. The plaintiff has not proven the debt is valid nor the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed dated contract,account statements and purchase receipts to prove the amount of the debt.

That's all true, but you've already covered this with your denial in the first part of your answer. Also you can insist all you want, but until you ask them per the rules (discovery) they don't have to respond. Some of your requests are legit requests, but this is a lawsuit answer, not discovery.

1. For judgment against the plaintiff dismissing its Complaint herein with prejudice;

On what possible grounds and also you would have to file a motion to dismiss for the judge to even consider this request. This is the answer to the lawsuit. You don't make motions and discovery requests in the answer. That is what you're doing.

Take it one step at a time. Answer the suit, leave off all the b.s. that is floating around on the internet, do your discovery and/or file your motion to dismiss if you can come up with legit grounds; such as, a procedural error or a violation of the rules. You have no grounds at this time. There complaint is prima facie evidence and clearly states the allegations.

Their case will be weak and very much beatable, but at this early point in the game they have done all that is necessary. You can win, but you need to read the rules and dig in for a fight. This will move very slow.

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2. Plaintiff(s) is not a party, nor in privity with the Defendant(s), to any contract, note or other obligation entered into by the Defendant.

:trainwreck:

You're going to get absolutely annihilated on this argument.

Ok, I am completely confused. I got this one from this very site at (check the title of this post. the forum won't let me even add it's own website in the post)

It specifically says this as an affirmative defense

Affirmative Defenses

Affirmative defenses are legal reasons why the complaint should be thrown out. Some of the best affirmative defenses are:

  • Failed to state the basis of the lawsuit: They did not cite an actual state law which was violated.
  • Debt is Time-barred: The statute of limitations has passed.
  • Statute of Frauds: No contract exists as proof.
  • Failure of Consideration: No exchange of money or goods occurred between the plaintiff and the defendant.
  • Lack of Privity: No relationship exists between the collection agency and you. You never signed a contract or agreement with the collection agency, remember?

You can list these affirmative defenses at the bottom of your answer, after the specific responses to the allegations.

They did not pay your obligation. They bought the account.

I actually just read one of the cases listed above. I am not sure about the other two, but the one I did read was talking about someone suing 8 years later for court costs in a judgment where court costs were not granted originally. Have no clue why the Judge made HN2 as the above statement.

4. The plaintiff has not proven the debt is valid nor the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney’s fees are all correct, agreed to in contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed dated contract,account statements and purchase receipts to prove the amount of the debt.

That's all true, but you've already covered this with your denial in the first part of your answer. Also you can insist all you want, but until you ask them per the rules (discovery) they don't have to respond. Some of your requests are legit requests, but this is a lawsuit answer, not discovery.

This is another one I got from this site (the one posted above).

1. For judgment against the plaintiff dismissing its Complaint herein with prejudice;

On what possible grounds and also you would have to file a motion to dismiss for the judge to even consider this request. This is the answer to the lawsuit. You don't make motions and discovery requests in the answer. That is what you're doing.

Actually, everything I've seen, every where on the internet when it comes to answers state that the discovery requests MUST be made at the same time. Also, every single sample answer (or those actually sent by atty and then posted online by their clients) has the demand at the end, just like the Complaint. How is the court suppose to know what I am looking for it I don't request it?

Requests for Discovery

In some courts, you need to file any counter-suit along with your answer. In addition, if you intend to ask for discovery (request disclosure of information and documents from the Plaintiff), you may need to send it along with your answer. Every court's rules are different, you need to look this up. Which brings us to the next item.

I appreciate the help and all, but I am really starting to get confused because, so far, you're the only one telling me to ONLY send an answer and nothing else.

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I appreciate the help and all, but I am really starting to get confused because, so far, you're the only one telling me to ONLY send an answer and nothing else.

Please do not take the feedback you receive here as legal advice. I highly recommend you consult with an attorney in your area before proceeding.

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Please don't get discouraged. You can do this. I would recommend becoming intimately acquainted with Kentucky's Rules of Civil Procedure. These are the rules your court operate under. States have different rules and what is appropriate in one might or might not have a similar rule in another. The best examples to use are those that are from your state.

Yes, you must ask for production of documents to get them but that doesn't mean it has to be included in your answer. You send your discovery request to the plaintiff, not (usually) to the court. Check out CR 26 for rules pertaining to discovery including time limits. If the plaintiff does not respond to your request there are provisions to compel them to do so later on.

Would it be possible for you to visit the court just to familiarize yourself with it? I know you said you have problems going out in public so maybe you could start just by going to the courthouse and locating where everything is, and work your way up to sitting in the back of the courtroom and observing. People have this perception of court being like it is on TV and it's really not nearly as intimidating as it looks.

For the most part, your case will not be won or lost in the answer as long as you DO answer and deny everything. Many lawyers will do a free initial consult, or your local legal aid might do telephone consults.

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26.04 "methods of discovery may be used in any sequence"

As for going to a courtroom, would be hard. I think I will just contact legal aid and see if they will help. Hopefully, they will be more helpful to me then they were to my roommate.

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