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Suttle and Hammer served me a summons


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Complaint is as follows.

COMES NOW the plaintiff for cause of action against the defendant and complains and alleges as follows:

I

Plaintiff is a legal entity having paid all licenses and fees due and authorized to bring this to action.

II

The defendant is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in PIERCE county, Washington.

III

That at all times material, defendant has been the obligor of a certain credit card account bearing number x...x that the defendant agreed by the use of said credit card (1) to assume responsibility for all credit extended on the basis of said accounts, (2) to pay monthly, obligations evidencing such credit, service charges based upon the unpaid account balances plus a reasonable attorney's fee in the event of suit, and (3) upon default in payment, that all obligations shall become immediately due and payable; and defendant has defaulted on said agreement

IV

By the use of said credit card account defendant became indebted on said account in the stated amounts, the unpaid balance of which is about 6k is fully due and owing to plaintiff, together with such greater sum as may be proved at time of trial, together with interest thereon at the highest legal rate.

V

That the sum of 650.00$ is a reasonable sum as and for plaintiff's attorney's fees in the event of a default judgement herein and otherwise such further sum as the proof shall disclose. We are debt collectors, this is an attempt to collect a debt and any information obtained will be used for that purpose.

WHEREFORE, plaintiff prays for judgement against the defendant for the sum of _ together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of trial, and a reasonable sum as and for plaintiff's attorney's fees; that such judgement shall bear interest at the highest legal rate after entry; and that the plaintiff have and recieve such other and further relief as in the premisis shall appear just and equitable. DATED March 1, 2012

_____________________________________________________________

Mind you i did not get served untill March 8th.

Can anyone direct me to where I can find a good template on what to write in my response?

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Assuming you have no legit defense, such as a statute of limitation defense (which you said you don't), you will either file a general denial or go line by line and deny. It's the same except some states (courts) allow a general denial and some you have to dispute or admit each item in the suit. You can always be safe and deny each allegation. You'll have to check your state's rules of procedure.

Be careful on the arbitration. Sometimes you can wave arbitration simply by answering the lawsuit. In other words you concede jurisdiction by answering the suit. You'll have to just see how your state courts and appeals courts define being in default of the arbitration and therefore have wave arbitration.

There is a poster name Linda7 who is the resident expert on arbitration. She might drop by or you can contact her about arbitration. For the most part, the posters outside the arbitration forum use the courts and not arbitration. Arbitration can really put the brakes on a lawsuit, but generally speaking it works best for lower amounts. However, I know some that have used it and won for debts over 20K, but I can assure they put a ton of work into it (which is a compliment, just pointing out you can't just say I want arb and Cap One will immediately hit the road on a debt this size).

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Hockeyfanatic33,

The *ANSWER* is a court term. It means specifically, your answer to the Summons and Complaint.

See the roman numerals you posted here? You have to Deny or Accept each of the allegations they mention in each of those. This *alone* constitutes your *ANSWER*.

You answer is NOT where you argue your case, provide reasons, etc. That happens at a later day.

For example:

I

Plaintiff is a legal entity having paid all licenses and fees due and authorized to bring this to action.

You could respond:

Deny. Defendant lacks sufficient knowledge to be able to form an opinon about this statement.

You'd deny this because you have no idea if they've paid all licenses and fees or if they are authorized to bring this action. You see? Do this for ALL of the allegations, there should be five in total I believe.

Use the Search tool on this site. There is loads of examples of how to file an ANSWER on this forum.

Once you figure out how to file your ANSWER, you want to look at the issue of STANDING, and whether the party has sufficient legal standing to actually bring suit against you. This will make up a large part of your defense, should you want to fight them on this.

-RD

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Copy that, I have tried searching a bit but I tend to get a headache from being on the computer too much. There is so much information it is kind of overwhelming. I have limited down time due to the nature of my job. Any extra attention to my situation is much appreciated.

In my answer should I provide Affirmative Defenses?

This has not been filed with the courts as there is no case number. So would the affirmative defenses even be considered?

Do I answer this and sent it to Suttle and Hammer's address that is on the bottom of the summons?

Do I have to sent my answer to the court?

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Copy that, I have tried searching a bit but I tend to get a headache from being on the computer too much. There is so much information it is kind of overwhelming. I have limited down time due to the nature of my job. Any extra attention to my situation is much appreciated.

In my answer should I provide Affirmative Defenses?

This has not been filed with the courts as there is no case number. So would the affirmative defenses even be considered?

Do I answer this and sent it to Suttle and Hammer's address that is on the bottom of the summons?

Do I have to sent my answer to the court?

Affirmative defenses have nothing to do with whether a case has been filed or not. The lack of a file number might simply be a clerical error. I'd call the court first thing in the morning to see if a case has been filed.

Check your court rules to find out when a case actually commences (begins). They should tell you if a case commences when you've been served, or if the case must be filed in order for it to begin. You can also ask that question to the clerk of court.

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To my knowledge they can hand me the summons before filing in court. This is a WA specific law I beleive. Weird huh? So even though I checked online at the court website for this information and it is not there. If I do not respond they will then file and I will lose. Correct me If I am wrong.

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Hockeyfanatic,

You should read the post below. It will help you understand this stuff more. Similar to yours, the OP was having trouble understanding how to file an ANSWER and had questions about Affirmative Defenses.

What you're asking here, has for the most part, has been covered there.

Go Here:

http://www.creditinfocenter.com/forums/there-lawyer-house/310698-please-review-my-answer-equable-ascent-financial.html

Pay specific attention to posts by Coltfan, BV80, LegalEagle and some of the others who have extensive knowledge on this stuff. They really cover the gambit of questions that arise and give thorough explanations.

What hockey team do you follow in WA? I'm a hockey fanatic myself. :)

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I am originally from the east coast. Delaware Vally area. I am a huge Flyers fan but in all honesty I love all hockey. I went to game 7 in Vancouver last year. It was a blast!

Where would I sent my response to? S&a$$? They have an address on the bottom of the summons.

Certified mail correct?

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Also,

II

The defendant is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resides in PIERCE county, Washington.

This statement is a little confusing to me. The first sentence particularly. Is this a trick trying to get me to agree or confirm the statement below? I do reside in Pierce County, WA but the first senctence is fishy.

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I am going to post my response to the summons. Can I have a few of you review it and tell me what would be best to leave out and or add or change?

Defendant's Answer to Complaint

Allegation 1: Denied. Defendant lacks sufficient knowledge to be able to form an opinion about this statement.

Allegation 2: Admitted

Allegation 3: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account."

Allegation 4: Denied: This request calls for admission of matter defendant has denied and thus it is improper.

Allegation 5: Denied: This request calls for admission of matter defendant has denied and thus it is improper.

FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

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Allegation 3: Denied: Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account."

It's not a request. It's an allegation. In addition, the allegation isn't vague or unintelligible. If they didn't include any evidence with the Complaint such as statements and a cardmember agreement, you might be able to add "No evidence has been provided to support the allegation."

I'd remove "this calls for admission of matter defendant has denied and thus it is improper." You're just now denying the debt. They didn't know that before, so they're allegations are not improper.

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(For WA)

Rule 12

Rules and Objections

(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, or if more

particularity in that pleading will further the efficient economical

disposition of the action, 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 the notice of the

order or within such other 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.

Would this apply to their very vague complaint?

Do I motion this before i send a response?

I called the clerks office today and S&H have yet to file. I beleive they are waiting on a response.

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