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Well I finally got served by Livingston Financial


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Exactly !!

1. I'm the President of the United States of America.

Now admit or deny that I just claimed I'm the president.

Sure you'll admit that is what I claimed. Just like sure you can admit that is what they claimed.

In my opinion, less is better answering a lawsuit. I'd just say admitted to number one. However, if you can't bring yourself to that, then, #1 requires no response as the clear language in the complaint speaks for itself. Personally, I'll admit to anything you want to claim, as long as I'm just admitting that's what you are claiming.

Ok...that's what I thought. Back in post #19, I suggested she admit #1 based upon information and belief, but I started second guessing myself. <sigh>

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That being said, you say you never had an account with US Bank. Is it possible US Bank took over an account that you had with another bank?

Keep in mind I am never saying I never had a US Bank debt at one time, but I see nothing proving this is the debt i had at one time with US Bank. As such would I still flatly deny?

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OK, I made some changes, trying to keep in line with what was suggested. The ones I am having the hardest time with are #'s 8 and 9. Especially #9 I feel this one is trying to trip me up. As for account stated its a BS count since if this alleged debt is indeed correct it would not meet the definition of account stated. I think if I answer #9 wrong it could give them ammo, but maybe I am being too paranoid. :roll:

COMPLAINT

Plaintiff, Livingston Financial LLC as successor in interest to US bank sues Defendant, LilSweetie and alleges:

JURISDICTIONAL AND FACTUAL ALLEGATIONS

1) This is an action for damages that exceeds $5,000.00 but is less than $15,000.00.

2) Upon Defendants request, Plaintiff or its successor(s) established a credit account in the name of defendant, LilSweetie, and issued a credit card to same Defendant(s).

COUNT 1

3) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

4) This Count is pursuant to FRCP form 1.936 approved by the Florida Supreme Court **This appears to be for Money Lent**

5) Defendant(s), LilSweetie owe(s) Plaintiff $9000.00 that is due with interest since August 29th, 2008, for money lent by Plaintiff to defendant.

WHEREFORE, Plaintiff demands judgment against Defendant(s), LilSweetie for damages, plus court costs and interest.

COUNT 2

6) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

7) This Count is pursuant to FRCP form 1.933 approved by the Florida Supreme Court **This appears to be for Account Stated**

8) Before the institution of this action the Plaintiff and Defendant, LilSweetie had business transactions between them and on August 29th, 2008, they agreed to the resulting balance.

9) Plaintiff or its Successor(s) rendered a statement of it to Defendant, LilSweetie a copy being attached, and the Defendant, LilSweetie did not object to the statement.

10) Defendant, LilSweetie owes Plaintiff $$9000.00 that is due since August 29th, 2008 on the account.

WHEREFORE, Plaintiff demands judgment for damages against Defendant, LilSweetie for damages, including court costs, and such other relief as this Court deems reasonable.

COUNT 3

11) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

12) This Count is pursuant to FRCP form 1.932 approved by the Florida Supreme Court. **This appears to be for Open Account**

13) Defendant, LilSweetie owes Plaintiff $$9000.00 that is due since August 29th, 2008, according to the attached account.

WHEREFORE, Plaintiff demands judgment for damages against Defendant, LilSweetie including court costs, and such other relief as this Court deems reasonable.

LilSweetie's revised answer:

JURISDICTIONAL AND FACTUAL ALLEGATIONS

1. Admitted only in that this is an action for damages that exceeds $5,000.00 but is less than $15,000.00 . It is denied in that Plaintiff has failed to plead sufficient ultimate facts or attach required documents to qualify its capacity or authority or the action it asserts so as to gain the subject matter jurisdiction of this court. Strict proof thereof, with clear and convincing evidence, is demanded.

2. Defendant has insufficient information to admit or deny and, therefore, denies. Plaintiff failed to plead sufficient ultimate facts to identify the credit account referenced, that Defendant established the alleged account, and further essential facts sufficient for Defendant to respond. Plaintiff has failed to plead sufficient ultimate facts to establish that it is indeed the assignee of the alleged account, how it acquired the assignment to the alleged account, nor how the predecessor(s), if any, acquired assignment to the alleged account. Strict proof thereof, with full and complete chain of title, is demanded.

COUNT 1; MONEY LENT

3. Admitted in part and denied in part. Defendant admits in part and denies in part allegation #1. Defendant denies allegation #2.

4. Defendant has insufficient information to admit or deny and, therefore, denies.

5. Defendant has insufficient information to admit or deny and, therefore, denies.

COUNT 2; ACCOUNT STATED

6. Admitted in part and denied in part. Defendant admits in part and denies in part allegation #1. Defendant denies allegation #2.

7. Defendant has insufficient information to admit or deny and, therefore, denies. Plaintiff has failed to plead facts sufficient to establish an accounting of every item, time of accrual of each, and the amount of each pursuant to F.R.C.P 1.933. Strict proof thereof, with a full and complete accounting of all items relevant to the amount alleged pursuant to F.R.C.P 1.933 is demanded.

8. Defendant has insufficient information to admit or deny and, therefore, denies. This one concerns me in as much as I am not sure if the Plaintiff would include US Bank, I know I know, Livingston is a JDB that bought it. So Plaintiff would no longer include US Bank?

9. Defendant admits in as much that Defendant received demand letters from Plaintiff. Defendant denies in as much as the Defendant recalls no statement of the alleged account having ever been received and that “Mere failure to object to an account sent by mail to one who has had no dealings with the sender does not give rise to the presumption of acquiescence of debt.” This one concerns me the most, I feel if I deny then I am denying I received demand letters, when in fact I did. I ignored them because I never saw proof and didn't know I should have heeded the 30 day validation. But this seems designed to be tripping me up in that if I admit I got letters with no statements or info other than "you owe us" and that I did not object then I admit to account stated which is not true.

10. Defendant has insufficient information to admit or deny and, therefore, denies.

COUNT 3; OPEN ACCOUNT

11. Admitted in part and denied in part. Defendant admits in part and denies in part allegation #1. Defendant denies allegation #2.

12. Defendant has insufficient information to admit or deny and, therefore, denies. Plaintiff has failed to plead facts sufficient to establish an accounting of every item, time of accrual of each, and the amount of each pursuant to F.R.C.P 1.932. Strict proof thereof, with a full and complete accounting of all items relevant to the amount alleged pursuant to F.R.C.P 1.932 is demanded.

13. Defendant has insufficient information to admit or deny and, therefore, denies.

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I would answer this way. 2 and 9 show how stupid they really are. They don't seem to know the difference between a successor and a predecessor.

JURISDICTIONAL AND FACTUAL ALLEGATIONS

1) This is an action for damages that exceeds $5,000.00 but is less than $15,000.00.

Admitted to the extent that the amount sought is within the statutory requirement stated. Defendant makes no admission that the amount sought is either owed or accurate.

2) Upon Defendant's request, Plaintiff or its successor(s) established a credit account in the name of defendant, LilSweetie, and issued a credit card to same Defendant(s).

Denied to the extent that no admissible evidence of the account has been provided. Plaintiff has never never established anything in the name of defendant. If plaintiff has successors, they lack standing to sue and a dismissal is in order.

COUNT 1

3) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

No response required by defendant

4) This Count is pursuant to FRCP form 1.936 approved by the Florida Supreme Court

Defendant has insufficient knowledge as to how to respond, as " FRCP form 1.936" is not defined. Defendant is not an attorney and has no clue as to what this means.

5) Defendant(s), LilSweetie owe(s) Plaintiff $9000.00 that is due with interest since August 29th, 2008, for money lent by Plaintiff to defendant.

Denied. Defendant received no such moneys from the Plaintiff.

WHEREFORE, Plaintiff demands judgment against Defendant(s), LilSweetie for damages, plus court costs and interest.

COUNT 2

6) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

No response required by defendant.

7) This Count is pursuant to FRCP form 1.933 approved by the Florida Supreme Court

Defendant has insufficient knowledge as to how to respond, as " FRCP form 1.933" is not defined. Defendant is not an attorney and has no clue as to what this means.

8) Before the institution of this action the Plaintiff and Defendant, LilSweetie had business transactions between them and on August 29th, 2008, they agreed to the resulting balance.

Denied. Defendant has never had any transactions between herself and Livingston Financial as herein stated by the plaintiff.

9) Plaintiff or its Successor(s) rendered a statement of it to Defendant, LilSweetie a copy being attached, and the Defendant, LilSweetie did not object to the statement.

Admitted to the extent that Plaintiff did indeed attach a hearsay document "the statement" which is wholly unsuppoted by any admissible evidence. It is not clear who Plaintiff's "successors" are; indeed, if they have any, they lack standing to sue and a dismissal is in order. "Rendered a statement of it" is vague and cannot be responded to.

10) Defendant, LilSweetie owes Plaintiff $$9000.00 that is due since August 29th, 2008 on the account.

Denied

WHEREFORE, Plaintiff demands judgment for damages against Defendant, LilSweetie for damages, including court costs, and such other relief as this Court deems reasonable.

COUNT 3

11) Plaintiff readopts and realleges the jurisdictional and factual allegations of this Complaint.

No response required by defendant

12) This Count is pursuant to FRCP form 1.932 approved by the Florida Supreme Court.

Defendant has insufficient knowledge as to how to respond, as " FRCP form 1.932" is not defined. Defendant is not an attorney and has no clue as to what this means.

13) Defendant, LilSweetie owes Plaintiff $$9000.00 that is due since August 29th, 2008, according to the attached account.

Denied

WHEREFORE, Plaintiff demands judgment for damages against Defendant, LilSweetie including court costs, and such other relief as this Court deems reasonable.

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If you want to save some money, in Florida if you go Pro se, you don't need to mail a copy to the Paintiff. You can just take the paper to court and file it. The clerk is in charge of mailing it if you don't do it. It's in Florida rules of procedures. I did this myself. Clerk don't really like when you tell them is in your court rules but well...

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Thanks again all! I have, I think, all I need to get this answered. I see information in the FRCP regarding Requests to produce, Admissions/Interrogatories. I don't see anything in the FRCP stating when I would do this. Should I be doing discovery right off the bat when I answer? I have an idea what I want to see in a RTP but as for admissions and interrogatories what I ask for may change depending on what they produce.

Thanks again for the help!

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When you answer the complain you also need to do the affirmative defenses, if you don't include them you void them. So don't just answer.

Motions can be done at any time during the trial, so you can do them now, then or whatever, you don't have a specific set. Of course you might want to do the answer and affirmative defenses and wait the reply, or whatever you see fits.

The clerk at the court got to mail it with confirmation delivery same as you, so don't be afraid of that, but is up to you if you wanna keep the change or mail it yourself.

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