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Jdbhater123

Admit no valid affirmative defenses?

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In a RFA they say I have no valid affirmative defenses. Can I admit this? If I deny it doesn't a burden of proof fall on me to prove a defense? Even if I admit it don't they still need to prove they own the debt and can sue me?

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You have no valid affirmative defenses to this action.

Response. Denied

Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why he or she can neither admit nor deny the truthfulness of the statement (example: for lack of knowledge)

Plaintiff bears the burden of proof, Plaintiff must submit admissible evidence to establish every element of its cause of action.Its not up to you to prove plaintiffs case for them unless you want to help the plaintiff get you a summery judgement.Plaintiff must prove both the Original Creditor’s contractual claim against Defendant, and the assignment of that chose-in-action from the Original Creditor.

Edited by racecar

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1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

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

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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