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Answers to PRA complaint


sneeze24
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1.The defendant XXXX is indebted to plaintiff, Portfolio Rev a$$. by virtue of a certain agreement opened or in the alternative entered into by defendant on or about Dec 15, 2008. Plaintiff has performed any and all conditions required by the agreement, if any.

2.Plaintiff acquired on or about August 26, 2010 for a valuable consideration, all right, title and interest in the account heretofore stated originally owed by Defendant to GE MONEY BANK f.s.b

3. That the defendant is in default of the terms of the agreement by failing to make payments due

4. That after allowing for all credits due defendant, there is due and owing as of December 27, 2011 the sum of $1,082.08

5. That demand has been made upon the defendant for the balance due, but defendant has failed to pay and still continues to pay said balance due

1. Deny. Defendant has insufficient information and documentation to admit or deny and, therefore, denies as there has never been any agreement, written, oral or implied with the Plaintiff and Defendant.

2. Deny. Defendant has insufficient information and documentation to admit or deny and, therefore, denies. Plaintiff has provided no documentation to support the allegation.

3. Deny. Defendant is without sufficient information or knowledge to form an opinion as to the truth and accuracy of the said allegation. Plaintiff has provided no documentation to support the allegation.

4. Deny. Defendant has insufficient information and documentation to admit or deny and, therefore, denies. Plaintiff has provided no documentation to support the allegation

5. Deny. Defendant is without sufficient information or knowledge to form an opinion as to the truth and accuracy of the said allegation. Plaintiff has provided no documentation to support the allegation

I will be submitting this for my answer in a few days. Everything checks out okay or does anyone advise to change/re-word anything?

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1.The defendant XXXX is indebted to plaintiff, Portfolio Rev a$$. by virtue of a certain agreement opened or in the alternative entered into by defendant on or about Dec 15, 2008. Plaintiff has performed any and all conditions required by the agreement, if any.

Defendant denies any indebtedness to this plaintiff, and avers that he / she has never entered into any agreement with same. No such agreement was attached to the complaint.

2.Plaintiff acquired on or about August 26, 2010 for a valuable consideration, all right, title and interest in the account heretofore stated originally owed by Defendant to GE MONEY BANK f.s.b

The paragraph contains no direct allegation against the Defendant, therefore Defendant does not respond. Notwithstanding, Defendant has no clue as to the business dealing of the Plaintiff and cannot formulate a response at this time.

3. That the defendant is in default of the terms of the agreement by failing to make payments due

Denied to the extent that Plaintiff has not attached the aforementioned agreement, nor any admissible evidence establshing the "terms" to which Defendant allegedly defaulted.

4. That after allowing for all credits due defendant, there is due and owing as of December 27, 2011 the sum of $1,082.08

Denied. Defendant avers he / she owes not one penny to the Plaintiff.

5. That demand has been made upon the defendant for the balance due, but defendant has failed to pay and still continues to pay said balance due

Admitted in part, denied in part. Defendant acknowledges that Plaintiff has made a wholly unsupported demand for money to which Plaintiff is not entitled. Defendant denies the rest of the allegations contained in the paragraph.

defendant has failed to pay and still continues to pay said balance due

Did you copy this correctly? Sounds like they said you're still paying on the account. I'd ask for a dismissal based on this.

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2.Plaintiff acquired on or about August 26, 2010 for a valuable consideration, all right, title and interest in the account heretofore stated originally owed by Defendant to GE MONEY BANK f.s.b

The paragraph contains no direct allegation against the Defendant, therefore Defendant does not respond. Notwithstanding, Defendant has no clue as to the business dealing of the Plaintiff and cannot formulate a response at this time.

I have to respectfully disagree. The Plaintiff alleges they purchased an account that belonged to the the Defendant. I would deny it.

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thanks for the advice guys and yes eagle, I did type that part wrong it was supposed to read "defendant has failed to pay and still continues to refuse to pay said balance due"

I will be visiting the pro se help desk here in my city to see what kind of advice they can offer. Will be back after i file fir discovery. thanks all

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I have to respectfully disagree. The Plaintiff alleges they purchased an account that belonged to the the Defendant. I would deny it.

Correct, they alleged that they purchased an account. Apparently they have provided no admissible evidence to back up that claim. How would the poster know whether or not they actually purchased his account? If he denies, he has to have a factual basis for that denial, which he does not have. He does not work for the JDB. He has no clue as to what they do from day to day. It is incumbent upon them to prove what they claim in pleadings. We are on the same page, I just like to kick it back to the accuser. You make the claim, you prove it. Don't expect me to do it for you.

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I have to respectfully disagree. The Plaintiff alleges they purchased an account that belonged to the the Defendant. I would deny it.

Correct, they alleged that they purchased an account. Apparently they have provided no admissible evidence to back up that claim. How would the poster know whether or not they actually purchased his account? If he denies, he has to have a factual basis for that denial, which he does not have. He does not work for the JDB. He has no clue as to what they do from day to day. It is incumbent upon them to prove what they claim in pleadings. We are on the same page, I just like to kick it back to the accuser. You make the claim, you prove it. Don't expect me to do it for you.

I was actually responding to your response that they'd made no allegation. I'm paranoid and don't want to take a chance that by not denying, it would be deemed admitted.

If anything he could state "Defendant has insufficient information to admit or deny and, therefore, denies. Plaintiff has provided no evidence to support the allegation."

That basis for that denial is a fact. The Plaintiff didn't provide evidence to prove the allegation.

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Right, but my point is that they did not make any direct allegation in the paragraph that concerns him. They are simply declaring that they bought his account. Maybe accusation would be a better term than allegation. They might as well say "it's raining right now in Somalia," and ask you to respond to that too.

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Right, but my point is that they did not make any direct allegation in the paragraph that concerns him. They are simply declaring that they bought his account. Maybe accusation would be a better term than allegation. They might as well say "it's raining right now in Somalia," and ask you to respond to that too.

I understand what you're saying, but an allegation is not necessarily an accusation. Black's Law Dictionary defines "allegation" as "something declared or asserted as a matter of fact, especially in a legal pleading; a party's formal statement of a factual matter as being true or provable, without its having been proved." It doesn't have to be an accusation.

In my state, the rules require that we admit or deny each averment, or state why we can't admit or deny.

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