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Not sure bout Citibank


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Been fly~n~by the seat of my pants since answering a summons .

I wanted first off to say I appreciate your input.

Just a little background.

Never been sued before. $xxxxxx

AMENDED ANSWER OF THE DEFENDANT OF PLAINTIFF CLAIM OF COMPLAINT

Defendant,xxxxxxxxx, appearing pro se, for its reply to the Complaint naming xxxxx., Plaintiff, as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein.

ANSWERS TO COUNT 1

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

2. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

4. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint

.

ANSWERS TO COUNT 2

1.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

4.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

5.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

6.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the complaint.

Defense

. No affidavit regarding any alleged verification of any alleged debt.

The defective validation of the alleged debt,was rubber stamped on each page "THIS IS A COMMUNICATION FROM A DEBT COLLECTOR"

Edited by My~Cuz~n~Vinny~
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Don't have the original dunning letter that I replied to. It was not certified or registered mail when it was sent. Can't recall what it said other than they wanted $xxxxxx.

I called them to dispute it. So I am sure My response will be considered hear say.

I had already gotten two dunning letters from another collector claiming they wanted the same amount on the same alleged account. I wrote them a proper Validation notice.They never bugged me since. The alleged debt appears as written off on my credit report. So either the 1st collections co. gave it back or the gave it to another law firm that's bugging me now.

Thanks in advance !

Edited by My~Cuz~n~Vinny~
additional info and change title
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MOTION FOR SUMMARY JUDGMENT .

The Facts:

The Claimant alleges the defendant became indebted to their named plaintiff,on or before xxxxxxx.

The defendant has denied the allegations of owing any alleged outstanding debt of any alleged indebtedness proposed by Plaintiff .

On or before xxxxxx, gained the services of a debt collector.

Despite defendants request for any or all validation of the claim,the plaintiff has afforded no validation at any time.

The defendant concludes that plaintiff can not validate

Edited by My~Cuz~n~Vinny~
numbers~names
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Summary judgment is for cases where there are no major issues of material fact in dispute and the judge can say "Yup, there is no reasonable way a jury could rule otherwise." The evidence will be viewed in the best light for the non-movant, i.e. not you in this case. I You can ask them for validation all you want, but unless there is some rule or statute in CT that I am unaware of, they can just thumb their noses at you. You need to ask for validation with the weight of court rules behind you, and that means that you need to conduct discovery.

Also, a summons is not considered a first contact by a debt collector, even if it is a first contact. The FDCPA is not a defense in any way shape or form in this. The FDCPA is an offensive tool to use against abusive debt collectors. You can get nailed on a legitimate debt, and if the debt collector violated the FDCPA, you're still nailed.

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Will the plaintiff please provide the number of fines and amounts Citibank and/or affiliates thereof, have paid and settled out of court without admitting or denying any responsibility of claims the against it.

Will the plaintiff please provide all current law suits and violations of FDCPA , FTC against plaintiff's choice of attorney law offices xxxxxxxxx

Edited by My~Cuz~n~Vinny~
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You are so far out of whack it isn't even funny. Why did you do this? You should have come here before you started submitting all this junk. You're going to get killed in court with this. What jurisdiction are you in? New Haven, Fairfield, what? What law firm is suing you? Your answer is the amnesia defense, none of your "defenses" are defenses, I could go on and on. An MSJ based on what? Where is your Memorandum of Law? Also, the FDCPA does not apply to Citibank. You have done so much damage I doubt anybody can help you, not even me. You can look forward to an MSJ from Citi and I bet it will be granted without objection.

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An original creditor is not subject to the FDCPA. A debt collection attorney is bound by it, but that's a separate argument. It has nothing to do with a lawsuit filed by an OC. If the attorney committed an FDCPA violation, you'd have file suit against him.

Regarding your discovery requests, I can tell you right now, you'll get objections. Most of your requests are irrelevant. In addition, you asked for proof of assignment. Citi is the original creditor. They weren't assigned the account.

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some questions to any witnesses ...? since any affidavit is hear say...

Q. How many job titles do you hold as an employee by the plaintiff?

Q. What are all of your duties as an employee of the plaintiff?

Q. How many affidavits have you signed in the last 30 days.

Q. Is there a quota system in place for reviewing accounts stated, in which an employee may aim for,so as to receive a raise in pay by performance of a designated number of signing affidavits within any a time period.?

Q. Are you aware of any other reasons that affidavits are completed,except for the collection actions that are filed in courts?

Q You simply sign them?

Q. Who is your employer?The affidavit lists Citbank(Citibank NA, Citibank NA S.D. What is the relationship between Citibank,(Citibank NA, and Citibank NA S.D. ?

Edited by My~Cuz~n~Vinny~
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Withdraw that MSJ motion immediately for starters. This other crap you posted, forget it. What law firm has your case? Bet it's Howard Lee Schiff or Solomon and Solomon. Did they send discovery yet? Questions? Did you see where I am from? Start reading the Practice Book, it's on line at the JD web site. Here is the proper form to deep six that motion, just fill in the blanks, your case number is on line. The item number will be there if the clerk even bothered to enter what you sent. Just print this out in Word format.

DOCKET NO: LLI-xxxxxxxxx :SUPERIOR COURT

CITIBANK, N.A. :J. D.OF WINDHAM

VS. :AT WINDHAM

JOE SMITH :FEBRUARY 10, 2012

NOTICE OF WITHDRAWAL, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

The Defendant in the above titled action hereby provides notice of withdrawal of his Motion for Summary Judgment, item number xxxx as to the Plaintiff Citibank N.A. . Respectfully submitted, this day of February 10, 2012.

_______________________

Joe Smith, Plaintiff

Address

Phone number

Edited by legaleagle
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1.Do your research effectively.

2.Always begin with an introduction.

3.When describing the parties,dont be afraid to include a few relevant details.

4.Organize your facts so they are easy to understand.

5.Make your factual allegations as detailed as possible.

6.Use short sentences and paragraphs.

7.Avoid adjectives and subjective words.

8.Use frequent argumentative headings,both in the facts and in the causes of action.

9.Be specific about the relief you are seeking.

10.Avoid legal jargon,affirmative defenses you dont understand.

11.If permitted,attach a few relevant documents to your complaint or your answer to complaint.

12.Think of the consequences if the judge converts a dismissal motion into one for summary judgment.

13.Write your answers to get your case going in the right direction.Your answer is your opening shot make it count.

Edited by racecar
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@ Legaleagle

Wow...!

I am in xxxxx county .

I haven't admitted to anything yet if that helps~

Thanks

.

I have not done any Service for requests of admissions yet.

I also reserved the right to amend answers if that helps

You haven't admitted anything - but you have not denied anything either. If it isn't written in state law or civil procedures, a lack of denial can become an admission.

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He has to amend his answer and take out all those crappy non-defenses. This is practice book section 10-60. The PB also gives details about how to answer in sections 10-46 through 10-48. There is also now a downloadable form for answering, this came out 2 years ago, very easy, check boxes for a simple denial. The thing is that it seems he already sent this stuff out. The discovery he may have sent isn't good at all.

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