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Court complain enclosed - please help


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I got a complain from the Worcester district court in Massachusetts this is what the letters says:

LETTER I

1. Plaintiff FIA CARD SERVICES, N.A has a usual place of business in 000 , etc, etc

2. Defendant reside at ------ MA

2. Defendant owe plaintiff the sum of 10,000 for goods, and services purchased and/or credit advanced to the Defendant by use of credit card, account currently identified as number ending in ______, issued to defendant

on or about 10/09/10 demand has been made for payment, and the account remains unpaid.

Wherefore Plaintiff demands judgement against defendant in the amount of 10,000 plus its costs

FIA CARD SERVICES, N.A

By it's attorney

______________

name of attorney, etc, etc

LETTER II:

Uniform Counsel Certification for Civil Cases

I am an attorney of record for FIA CARD SERVICES, N. A, plaintiff in the above entitled matter. In accordance with Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) which states in part: "Attorney shall: provide their clients with this information about court connected dispute resolution services; discuss with their clients the advantages and disadvantages of the various methods of dispute resolution' and certify their compliance with this requirement on the civil cover sheet or its equivalent...," I hereby certify that I have complied with this requirement.

_________________

attorney info, etc, etc,

LETTER 3

Is a statement of damages statement which doesn't claim much it has a list of statements which are empty, but then under contract claims it says:

Contract claim - money loaned 10,000

letter 4

It is a letter saying if i want to make a payment or offer a settlement - fill the following...credit card info, etc, etc

letter 5

They want me to list all income and expenses, etc, etc

that's pretty much the WHOLE complain

so my question is....how do I ANSWER this complain? Please and thank you.

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1. Who is the named plaintiff in the suit?

FIA CARD SERVICES, N.A

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Mark Lindner and Associates

3. How much are you being sued for?

Over 10,000

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

A complaint MAILED to me.

6. How were you served? (Mail, In person, Notice on door)

mail

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

YES.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I asked them for verification that the debt was mine.

9. What state and county do you live in?

MA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2010.

11. What is the SOL on the debt? To find out:

6

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit Served.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

I asked this lawyer for verification of debt, they sent me statements.

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

I did. They sent me a copy of a statement.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I got about 14 days left of 21 days.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

No evidence was sent with the summons - just the ending of the account number

Edited by Tvwriter
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Is this a credit card? Is this an original creditor? Who are FIA card services? I haven't heard of them.

You have to decide if you are going to fight this lawsuit or whether you want to settle it with them. Its not going to disappear. You have to answer the lawsuit and look up the laws of your state regarding debt. Can you make a general denial now? In Calif you can. Maybe someone from your state will come along and help or you can start by googling 'how to file an answer to a lawsuit in MA". Also look up the civil procedure for your court house. Go to their website. Usually the forms you need are on the site to handle your lawsuit. If this is an original creditor you will have a hard time if they have statements and signed documents. After you answer the lawsuit (hopefully you can just make a general denial) you start doing discovery. How many statements did they send you? Did you ask them if they have a signed application or anything proving its your debt?

If its your debt you could try to settle it for a lesser amount or with payments but you would probably make a better deal closer to a trial. Hopefully someone with more knowledge of the company suing you and with your court rules will come around. I would google tho and read up on all you can find in the meantime.

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I would look up your court rules to see if you can give a general denial of the debt. I would state you have no recollection of this debt as your answer. Make them prove you owe it and how much you owe. I would check to see if the debt is past the statute of limitations and if these collection agents have standing to sue. These are things you can use to defend yourself when it gets in court. You can do discovery to see what evidence they have that you owe the debt. If your court rules allow I would do a denial stating you have no recollection of the debt.

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I would look up your court rules to see if you can give a general denial of the debt. I would state you have no recollection of this debt as your answer. Make them prove you owe it and how much you owe. I would check to see if the debt is past the statute of limitations and if these collection agents have standing to sue. These are things you can use to defend yourself when it gets in court. You can do discovery to see what evidence they have that you owe the debt. If your court rules allow I would do a denial stating you have no recollection of the debt.

Debt limitations begins when you first open the credit card or the last time you've made a payment? Thank you.

just found my answer on the net. It's starts when you last paid.

Edited by Tvwriter
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FIA is Bank of America's credit card division, it is not a collection agency. What is your proposed defense against this suit? Begin by reading up on the rules of procedure for your state, this tells you how to proceed through a case and how long you have for each step, how to prepare papers, etc.

Massachusetts Rules of Civil Procedure

Rule 12 e is a good place to start, this is another "generic" complaint that lists no cause of action.

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

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Rule 12 e is a good place to start, this is another "generic" complaint that lists no cause of action.

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or within such time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.

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Im gonna a general purpose motion to answer to the complain...

whats' the difference between:

based on information that i believe is true vs.

my own personal knowledge

Which should I MARKED? I am inclined to mark information that i believe is true

Edited by Tvwriter
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