Filed my answer an hour ago

[Barney]

1. Venue is proper as the defendants reside within this County at XXXXXXXXXX Pueblo West Colorado. and/or entered into a contract within this County.

2. The amounts the Plaintiff claims from the Defendants are $8,368.51, which represent the liquidated balance of the Defendants' credit card account owned by Plaintiff, plus interest of $.00 and reasonable attorneys' fees in the amount yet to be determined and awarded by the Court, and Court costs, along with continuing interest at the rate of 0% annum.

3. The plaintiff's claim arises from the Defendants" failure to pay the liquidated balance due on credit card account number XXXXXXXXXXXX, as required by the cardholder agreement. The Plaintiff claims the right to recover from the Defendants under one or more of the following legal theories: Express Contract, Implied Contract, Quantum Meruit, Liquidated Debt arising out of a Contract, Account Stated, Unjust Enrichment, Agreed Interest or Statutory, Interest, and/or Agreement to pay reasonable attorneys' fees. Plaintiff's attorneys barring a change in circumstances or new developments arising in this case, anticipate presenting to the court a request for an award of reasonable attorneys' fees in the amount of $1,255.00

4. the Defendants are not minors, incompetent, or in the military service of the United States, but are engaged in civilian pursuits.

5. The Plaintiff does not demand trial by jury.

THIS IS MY ANSWER

1. Defendant admits to allegations in Paragraph 1

2. Def3ndant denies the allegations in Paragraph 2

3. Defendant denies the allegations in Paragraph 3

4. Defendant admits the allegations in Paragraph 4

5. Defendant admits Plaintiff does not demand trial by Jury but Defendant demands trial by Jury.

FIRST DEFENSE FAILURE OF CONDITION

Comes now Defendant and states that if defendant attempted to change the agreement in any manner it failed to perform its conditions precedent including but not limited to providing required notices.

SECOND DEFENSE - ILLUSORY CONTRACT- LACK OF CONSIDERATION

Defendant, without assuming any burden of proof, alleges to the extent that if there is a contract it obligated Plaintiff to do nothing and was illusory and lacked consideration.

THIRD DEFENSE- Statute of Limitations

Defendant alleges that the Plaintiff's claims are barred by the applicable stature of limitations

FOURTH DEFENSE- LACK OF WRITING FOR POST JUDGMENT INTEREST

Defendant for his fourth defense states that Plaintiff has no writing setting for the amount of interest and is therefore not entitled to post-judgment interest in excess of statutory eight percent C.R.S. 5-12-102-4

WHEREFORE: Defendant prays to be dismissed and for his costs

DEFENDANT DEMANDS TRIAL BY JURY

Tomorrow I have to be in court to set a date for trial. I hope all goes well I really do not know what to expect.

Any comments or criticisms are welcome

[Coltfan1972]

Looks great except for the affirmative defenses of failure of consideration & illusory contract. If it's past the statute of limitations, just file a motion to dismiss.

[Barney]

Thanks, I hope it is not of a case where more is bad.

[Coltfan1972]

Do you have legit argument with the statute of limitations or did you just throw that in there.

[Barney]

This was a card may have been received when my son and I were in a business together. He took care of all financial payments etc. Sadly he died a year ago and I have not been able to retrieve any information about credit cards etc. for reason I can not get into. I do not remember having a credit card from Capital one, his name is the same as mine only he is a Jr. He did have several credit cards. If this is my card it was more than 8 years ago and I no longer have information about any Capital One card, here the statue of limitations is 6 years.

This is why I included it because I truly am not sure.

I truly believe this is my sons card, I have opened an estate to try and get all information but that has also been difficult.

Thank you again

[legaleagle]

In that case you may want to use mistaken identity as a defense. You may have to get your son's credit report to see what account number pertains to whom. A probate attorney should be able to figure this out in about a day. Check your own records for account numbers that you may have had. 8 years is a long time.