Wife being sued

[shaunof99]

My wife just got a summons today and i have been looking through this site and found alot of great info. I thought I would post here and see if I could get some advice for my case on a good place to start. Here is my info:

1. Who is the named plaintiff in the suit? CACH LLC

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

3. How much are you being sued for? ~$4000

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? none that i know of

9. What state and county do you live in? Jasper Mo

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) <3 years

11. What is the SOL on the debt? 5 yrs

12. What is the status of your case? Suit served

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? All i was given was the court date of apr 9th. Charges are as follows. 1. AC breach of contract 2. Account stated.

16. What evidence did they send with the summons? 1. a certificate of assignment. (looks like a internal document) and 2. a barely legible copy of a generic bill of sale for "the accounts described in exhibit 1 and the final electronic file"

My real question is what do you think the best answer should be for the claims against my wife?

1. Plaintiff is a limited liability company duly organized and existing under and by virtue of laws of the state of colorado and is the assignee of the contract and/or account referred to herein

2. at all times relevant herein, defendant was a resident of jasper county

3. the debt sued upon arose and the plaintiff's cause of action accrued within jasper county

4. plaintiff's assignor entered into an agreement with (my wife) and extended credit on account to defendant who utilized this credit, the charges of which were reasonable, as per affidavits/ statements attached and incorporated herein; however a outstanding balance remains.

5. demand has been made upon defendant, but payment has been refused.

6.after all credits, the amt due on said account for unpaid balance at time of placement was (~$4000) and interest after placement in the amount allowed by law, plus any other fees the law will allow.

count 2

1. plaintiff restates and realleges each and every paragraph of count 1 as if fully stated herein.

2. before the institution of this action the plaintiffs assignor and defendant had business transactions between them

3. plaintiff assignor rendered a statement of account and the defendant did not object to the statement

4. defendant owes plaintiff (~$4000), with interest of 9% from date of demand on the account.

So what do you think guys, and and all help would be greatly appreciated .

[BV80]

In the evidence they included, hat do you mean by the final electronic file?

[shaunof99]

I was just quoting what the BOS said. After boiling down the bill of sale, citibank sold cach "the accounts described in exhibit 1 and the final electronic file" the rest of the bill of sale was just info on citibank and cach.

[debtorshusband]

I don't see anything out of the ordinary here. A JDB has bought the debt (allegedly) and they're suing.

You file an Answer, however your state requires you to do that. In general, you deny their claims and assert your affirmative defenses. Eventually you will exchange Discovery requests, and you may eventually reach trial. More than likely, they will dismiss the case before it goes that far. As our more illustrious forum members can tell you, your main attack will eventually be against their standing to sue, i.e., their inability to prove proper ownership of the debt.

You should find all the help you need here already in various posts.

Good luck.

DH

[BV80]

The bill of sale is not proof they bought your account. They provided no cc statements, so they haven't provided proof the account exists in the first place. Here's my suggestions:

Count 1

1. Denied. Plaintiff has provided no evidence that they are a limited liability company duly organized and existing under and by virtue of laws of the state of colorado, or that they are the owner of the alleged account referred to in this Complaint.

2. Admit.

3. Denied. Plaintiff has provided no evidence to support this allegation.

4. Denied. Plaintiff has provided no evidence of the existence of the alleged account referenced in the Complaint.

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

6. Denied. Plaintiff has provided no evidence to support this allegation.

Count 2

1. Defendant restates her responses to every paragraph of Count 1.

2. Denied. Plaintiff has provided no evidence of the existence of the alleged account. Defendant has insufficient information to admit or deny and, therefore, denies.

3. Denied. Plaintiff has provided no evidence of the existence of the alleged account. Defendant has insufficient information to admit or deny and, therefore, denies.

4. Denied.

Carefully study your court's Rules of Civil Procedure regarding your Answer and the discovery process. Here's a case from the MO Supreme Court that might interest you:

Cach v. Askew - Google Scholar

[legaleagle]

Also see Citibank v. Wilson in MO. Best to get familiar with Google Scholar, this is your best research tool. BV80's answers are good, he must be sober today. (JOKE) I suggest you send these requests to them. These are tailored for Citibank. CACH stepped into Citi's shoes, so let them step into their underwear. Maybe they'll find a new definition of "document dump."

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

[BV80]

BV80's answers are good, he must be sober today. (JOKE)